Martineau v. May
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is stated in the opinion. The jury in the circuit court found for the defendant; the plaintiff moved for a judgment in his favor non obstante veredicto; but the motion was denied, and judgment rendered for the defendant for costs. The bond sued on was a promise of May to answer for the debt of Martineau. Had that promise not been in writing, it would have been void.
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APPEAL from the Circuit Court for Milwaukee County. The case is stated in the opinion. The jury in the circuit court found for the defendant; the plaintiff moved for a judgment in his favor non obstante veredicto; but the motion was denied, and judgment rendered for the defendant for costs. The bond sued on was a promise of May to answer for the debt of Martineau. Had that promise not been in writing, it would have been void. E. S., ch. 107, sec. 2. It follows that any modification of or substitute for such contract, to be valid, must also be in writing. Ladd v. King, 1 E. I, 224. The answer…
1Opinion of the Court
By the Oourtt
PAINE, J,
This action was brought upon a bond by which the defendant became bound to pay and discharge certain other bonds and mortgages previously given by the plaintiff. The consideration of the defendant’s bond was the joint purchase by him and others of certain lands from the plaintiff. And the mortgage debts which the defendant became bound to pay, were prior incumbrances on the lands subject to which the sale was made.
The answer sets up as a defense, that after the purchase, the defendant made an agreement with the plaintiff, that if he, the defendant, would sell his…
2Cases cited2 opinions
- Paine v. WilcoxWisconsin Supreme Court · 1862
- Morgan v. FreesNew York Supreme Court · 1852
3Cited by5 opinions
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- Henrikson v. HenriksonWisconsin Supreme Court · 1910
- Papenthien v. CoerperWisconsin Supreme Court · 1924
- Roby v. StateWyoming Supreme Court · 1978
- Roby v. StateWyoming Supreme Court · 1978