West v. O'Hara
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Green County. Tbe case is stated in tbe opinion. Tbe defendants appealed from a judgment in favor of tbe plaintiffs. Tbe alleged agreement in nowise released tbe drawer of tbe orders or the maker of tbe time checks from liability upon them. This is tbe true test whether tbe promise was original or collateral, even though tbe real credit was wholly given to the surety or guarantor.
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APPEAL from tbe Circuit Court for Green County. Tbe case is stated in tbe opinion. Tbe defendants appealed from a judgment in favor of tbe plaintiffs. Tbe alleged agreement in nowise released tbe drawer of tbe orders or the maker of tbe time checks from liability upon them. This is tbe true test whether tbe promise was original or collateral, even though tbe real credit was wholly given to the surety or guarantor. Brandt on Suretyship, sec. 62; Matson v. Wharam, 2 Term, 80; Watson v. Randall, 20 Wend., 201; Birehell v. Efeaster, 36 Ohio St., 331; Gill v. Ilerrieh, 111 Mass., 501; Doyle v.…
1Opinion of the CourtObtoN, J.
The defendants were contractors to build a cer ■tain railroad, and one W. S. Murray was a subcontractor ■under them, and issued orders and time checks to the men in his employ, which the plaintiffs paid, as merchants, in goods ■as they were presented from time to time to the amount for which this suit is brought. By the pie idings the liability of the defendants must rest upon a previous agreement between the parties, and all other questions, objections, and exceptions are merely technical and will not be noticed. Both *648plaintiffs swear positively to an agreement with the defendants by Edwin…
2Cases cited8 opinions
- Williams v. CorbetIllinois Supreme Court · 1862
- Champion v. DotyWisconsin Supreme Court · 1872
- Chase v. DayNew York Supreme Court · 1819
- Thayer v. GallupWisconsin Supreme Court · 1861
- Billingsley v. DempewolfIndiana Supreme Court · 1858
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3Cited by5 opinions
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- Ivenson v. CaldwellWyoming Supreme Court · 1891