Farmers State Bank of Waupaca v. Hansen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for 'Wau-paca county: ByroN B. Park, Circuit Judge. This action was brought to enforce the liability of the defendant as guarantor of a note executed by one Nelson to the plaintiff bank under date of June 15, 1917, for $1,000, due July 15, 1917. The guaranty appears on the back of the note in the following words: “For value received, I hereby guarantee the payment of the within note at maturity, or at any time thereafter, with…
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Appeal from a judgment of the circuit court for 'Wau-paca county: ByroN B. Park, Circuit Judge. This action was brought to enforce the liability of the defendant as guarantor of a note executed by one Nelson to the plaintiff bank under date of June 15, 1917, for $1,000, due July 15, 1917. The guaranty appears on the back of the note in the following words: “For value received, I hereby guarantee the payment of the within note at maturity, or at any time thereafter, with interest at the rate of six per cent, per annum, until paid, waiving demand, notice of nonpayment, and protest. “(Signed) A.…
1Opinion of the CourtOwen, J.
Sec. 1679 — 1, Stats., specifies the conditions, seven in number, under which a person secondarily’ liable upon a negotiable instrument may be discharged. It is conceded that the facts found by the jury do not fall within any of the conditions specified in that section. The appellant contends that such conditions are exclusive, and that unless the facts found by the jury fall within some one of those specifications they are not sufficient to operate as a discharge of the defendant. The trial court held “that any agreement by a payee with a maker primarily liable, after the note becomes due,…
2Cases cited3 opinions
- Hubbard v. HaleyWisconsin Supreme Court · 1897
- International Textbook Co. v. MabbottWisconsin Supreme Court · 1915
- Sentinel Co. v. SmithWisconsin Supreme Court · 1912
3Cited by10 opinions
- Bank of Sun Prairie v. OpsteinWisconsin Supreme Court · 1979
- Park Bank v. Roger E. WestburgWisconsin Supreme Court · 2013
- Felman v. Estate of BitkerWisconsin Supreme Court · 1947
- M&I Marshall & Ilsley Bank v. SchlueterCourt of Appeals of Wisconsin · 2002
- Electric Storage Battery Co. v. BlackWisconsin Supreme Court · 1965
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