Schoenmann v. Hood
Wisconsin Supreme Court
Appeal from an order of the circuit court for Sauk county: E. Ray Stevees, Circuit Judge. The record shows the following facts in this case: On September 30, 1905, the defendant’s son purchased an engine from the plaintiffs, giving in payment therefor six promissory judgment notes, each for the sum of $237.50. To secure payment of these notes he gave a chattel mortgage upon the engine, which was duly recorded. The defendant signed the notes as surety.
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Appeal from an order of the circuit court for Sauk county: E. Ray Stevees, Circuit Judge. The record shows the following facts in this case: On September 30, 1905, the defendant’s son purchased an engine from the plaintiffs, giving in payment therefor six promissory judgment notes, each for the sum of $237.50. To secure payment of these notes he gave a chattel mortgage upon the engine, which was duly recorded. The defendant signed the notes as surety. Shortly thereafter the son of the defendant died. On September 28, 1907, the plaintiffs credited $718.83 on the notes as the net proceeds of…
1Opinion of the CourtSiebecKeb, J.
The application to open this judgment is one which calls for the exercise of a sound discretion of the court upon the facts alleged by the petitioner. It is alleged that the petitioner in this case is a surety on the notes upon which the judgment was awarded and which was opened by the order of the court. The facts alleged set up a defense under sec. 2316c, Stats. (Supp. 1906: Laws of 1903, ch. 122), and if established show that under the provisions of this statute the debt has been extinguished by the voluntary conduct of the plaintiffs. The facts alleged are sufficient to constitute a…
2Cited by2 opinions
- American Hardware Co. v. MooreWisconsin Supreme Court · 1922
- Emerson-Brantingham Implement Co. v. PaulWisconsin Supreme Court · 1916