Legal Opinion

Taylor v. Pratt

Wisconsin Supreme Court

Decided June 15, 1854PublishedCited by 11 opinions

This was an action of asssumpsit, commenced in the Circuit Court of Sauk county, on the guarantee of a promissory note, of which the following is a copy: “For value received on or before the first .day of November, one thousand eight hundred and fifty-two, I promise to pay Philarman Pratt or bearer, eleven hundred dollars ; and if not paid on or before the first day of June, one thousand eight hundred and fifty: two, the said sum is to bear twelve per cent, interest from…

Read the full summary

This was an action of asssumpsit, commenced in the Circuit Court of Sauk county, on the guarantee of a promissory note, of which the following is a copy: “For value received on or before the first .day of November, one thousand eight hundred and fifty-two, I promise to pay Philarman Pratt or bearer, eleven hundred dollars ; and if not paid on or before the first day of June, one thousand eight hundred and fifty: two, the said sum is to bear twelve per cent, interest from that time until paid. Baraboo, June 5, 1851. (Signed) • R. Hamill.” On the back of said note was the following : ' We…

1Opinion of the Court

By the Court,

Cjrawfokd, J.

The second section *692°* chapter 16, of the Revised Statutes, provides that “every special promise to answer for the debt, de-fau^ or miscarriage of another person” shall be void, “ unless such agreement or some note or memorandum thereof, expressing the consideration, be in writing, and subscribed by the party charged therewith.” ■ Aside irom the adjudications of other courts upon a similar provision of the statutes of other governments, it seems to us that there is but little l oom for doubt as to the true import and construction to be placed upon this language. But…

2Cases cited5 opinions

  1. Leonard v. VredenburghNew York Supreme Court · 1811
  2. Sears v. BrinkNew York Supreme Court · 1808
  3. Packer v. WillsonNew York Supreme Court · 1836
  4. Smith v. IvesNew York Supreme Court · 1836
  5. Emerick v. SandersWisconsin Supreme Court · 1853

3Cited by11 opinions

  1. State v. JohnsonSupreme Court of Kansas · 1888
  2. Eastman v. BennettWisconsin Supreme Court · 1858
  3. Commercial National Bank of Appleton v. SmithWisconsin Supreme Court · 1900
  4. Heath v. Van CottWisconsin Supreme Court · 1859
  5. Houghton v. ElyWisconsin Supreme Court · 1870

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API