Wisconsin Marine & Fire Insurance Co. Bank v. Mann
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. An action was brought on a written agreement which is in the following words: “Whereas, the Wilkin Manufacturing Company, of Milwaukee, is indebted to the Wisconsin Marine c& Fire Insurance Company Bank, of Milwaukee, Wisconsin, in the sum of about $9,000 (nine thousand dollars); “ And whereas, the said company may hereafter become indebted to said bank for additional amounts; “Now,…
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutherland, Judge. An action was brought on a written agreement which is in the following words: “Whereas, the Wilkin Manufacturing Company, of Milwaukee, is indebted to the Wisconsin Marine c& Fire Insurance Company Bank, of Milwaukee, Wisconsin, in the sum of about $9,000 (nine thousand dollars); “ And whereas, the said company may hereafter become indebted to said bank for additional amounts; “Now, therefore, in consideration of the premises, and of one dollar to each of us in hand paid, the receipt whereof is hereby…
1Opinion of the CourtMarshall, J.
In the decision on the first appeal in this case, Wis. M. & F. Ins. Co. Bank v. Wilkin, reported in 95 Wis. 111, well-established principles of law there clearly stated led to a construction of the contract of guaranty as then contended for by the present appellant, without determining precisely the intention of the parties in making it. Applying the jirinciple that contracts are to be construed so as to bring them as near the actual meaning of the parties as the words they saw fit to employ, when properly construed, and rules of law will permit, we held the principal clause of the agreement…
2Cases cited17 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Wisconsin Marine & Fire Insurance Co. Bank v. WilkinWisconsin Supreme Court · 1897
- Dousman v. Wisconsin & Lake Superior Mining & Smelting Co.Wisconsin Supreme Court · 1876
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1885
- Fiedler v. HowardWisconsin Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Philippine Sugar Estates Development Co. v. Government of the Philippine IslandsSupreme Court of the United States · 1918
- Rowell v. SmithWisconsin Supreme Court · 1905
- Laun v. KippWisconsin Supreme Court · 1914
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Commercial Casualty Ins. Co. v. LawheadCourt of Appeals for the Fourth Circuit · 1933
18 more not listed; retrieve them via the Exa API.