Van Doran v. Armstrong
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Action against Walter Guile as maker, and Jesse Armstrong as guarantor, of two promissory notes. Judgment against botb defendants ; and appeal tberefrom by Armstrong.
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APPEAL from tbe Circuit Court for Winnebago County. Action against Walter Guile as maker, and Jesse Armstrong as guarantor, of two promissory notes. Judgment against botb defendants ; and appeal tberefrom by Armstrong. Tbe facts are stated in tbe opinion. contended tbat “ it is tbe duty of a circuit judge to grant a new trial when tbe verdict is manifestly against tbe weight of testimony and tbe clear justice of tbe case” (Van Vallcenburg v. Hoskins, 7 Wis., 497; 1 Gra. & Wat. N. T., 367); and tbat sucb was tbe fact bere. He also contended tbat admitting, against objection, tbe evidence to…
1Opinion of the CourtLyon, J.
This action is upon two promissory notes made by the defendant Guile to the plaintiff, each of which purports to have been guarantied by the defendant Armstrong, as follows: “I hereby, for value received, guaranty the payment of the within note when due. Jesse ARMSTRONG.” The complaint is in the usual form, and charges that Guile made the notes, and that Armstrong guarantied the payment of them as aforesaid. It also alleges that the necessary steps were taken to charge Armstrong as an endorser, but this averment was entirely unproved, no evidence having been given under it upon the trial of…
2Cases cited9 opinions
- Cook v. HelmsWisconsin Supreme Court · 1856
- Edmiston v. GarrisonWisconsin Supreme Court · 1864
- Van Valkenburgh v. HoskinsWisconsin Supreme Court · 1859
- Eaton v. Joint School District No. 3Wisconsin Supreme Court · 1868
- Lockwood v. StewartWisconsin Supreme Court · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Maitland v. Gilbert Paper Co.Wisconsin Supreme Court · 1897
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Hutchinson v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
- State v. NestavalSupreme Court of Minnesota · 1898
- Williams v. StateWisconsin Supreme Court · 1884
7 more not listed; retrieve them via the Exa API.