Harris v. Newell
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Sauk County. Action, upon a promissory note in tbe usual form of a joint and several note, signed by tbe defendants, James Stewart and F. H. Newell, and running to one Chapman, or bearer. Stewart made default.
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APPEAL from tbe Circuit Court for Sauk County. Action, upon a promissory note in tbe usual form of a joint and several note, signed by tbe defendants, James Stewart and F. H. Newell, and running to one Chapman, or bearer. Stewart made default. Newell answered that tbe note was given for money loaned by Chapman to tbe defendant Stewart; that such loan was made solely for Stewart’s benefit, and Newell signed it only as surety, all of which was well known to said Chapman; that when the note became due, Stewart was fully able to pay it, and the amount could have been collected from him by law;…
1Opinion of the Court
ByaN, O. J.
I. On the face of the promissory note, the appellant appears as a principal. We entertain very grave doubt whether it would be competent for him, as against the holder of the note, so far to vary his contract by parol as to *690show that be signed the note as surety for the other maker. See 1 Parsons'on Bills, 233. We have lately held that an indorser cannot vary the legal contract of indorsement by parol. Charles v. Denis [ante p. 56]; Eaton v. McMahon [ante, p. 484]. The contract of a surety, and the contract of a principal, signing a promissory note, vary in some respects, different…
2Cases cited9 opinions
- Hayes v. WardNew York Court of Chancery · 1819
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- King v. BaldwinNew York Court of Chancery · 1817
- Warner v. BeardsleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Remsen v. . BeekmanNew York Court of Appeals · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Averyt Drug Co. v. Ely-Robertson-Barlow Drug Co.Supreme Court of Alabama · 1915
- St. Croix Timber Co. v. JosephWisconsin Supreme Court · 1910
- Lichtstern v. ForehandWisconsin Supreme Court · 1923
- Barnes v. MowryIndiana Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.