Sentinel Co. v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. This action was brought on a guaranty which is found in the report of this ease in 143 Wis. 317, 127 N. W. 943. The defenses interposed were (1) that plaintiff never accepted the defendant as surety; (2) that there was a verbal understanding between the parties, at and prior to the signing o| the contract, to the effect that the liability of the surety should extend only to the first…
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Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. This action was brought on a guaranty which is found in the report of this ease in 143 Wis. 317, 127 N. W. 943. The defenses interposed were (1) that plaintiff never accepted the defendant as surety; (2) that there was a verbal understanding between the parties, at and prior to the signing o| the contract, to the effect that the liability of the surety should extend only to the first $500 worth of papers furnished to the agent', Hull; and (3) that the plaintiff failed to seasonably notify the defendant…
1Opinion of the CourtBabites, J.
This case was before the court on an appeal from an order overruling a demurrer to the complaint, and is reported in 143 Wis. 377, 127 N. W. 943. The errors, assigned on this appeal are refusal of the court t'o grant a. nonsuit or direct a verdict, improper admission and exclusion of evidence, and refusal to submit to the jury a question requested by plaintiff.
It is argued that the court should have granted a nonsuit, and, failing in this, should have directed a verdict because-the evidence did not show that plaintiff ever accepted the defendant as surety. The jury had a perfect right t'o…
2Cases cited4 opinions
- Klueter v. Joseph Schlitz Brewing Co.Wisconsin Supreme Court · 1910
- Pedelty v. Wisconsin Zinc Co.Wisconsin Supreme Court · 1912
- Loverin & Browne Co. v. TravisWisconsin Supreme Court · 1908
- Sentinel Co. v. SmithWisconsin Supreme Court · 1910
3Cited by1 opinion
- Farmers State Bank of Waupaca v. HansenWisconsin Supreme Court · 1921