First State Bank of Brillion v. Boetcher
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. IIastiNgs, Circuit Judge. This action was brought to recover balances due on three several promissory notes executed by Charles Boetcher and Louise Boetcher. The makers of the notes were made parties defendant, as were Fred Boetcher, O. F. Werner, and B. G. Werner, against whom liability was claimed as guarantors.
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Appeal from a judgment of the circuit court for Brown county: S. D. IIastiNgs, Circuit Judge. This action was brought to recover balances due on three several promissory notes executed by Charles Boetcher and Louise Boetcher. The makers of the notes were made parties defendant, as were Fred Boetcher, O. F. Werner, and B. G. Werner, against whom liability was claimed as guarantors. The action was tried by the court and judgment was entered against the defendants Charles and Louise Boetcher for the amount found due on the notes. As to the other defendants judgment was entered dismissing the…
1Opinion of the Court
BaeNES, X
The trial court held that the document in question was not a contract of guaranty, but simply an offer wbicb would not become a binding contract until it was accepted by the bank and notice of such acceptance given to the guarantors. This conclusion was reached on the authority of Miami Co. Nat. Bank v. Goldberg, 133 Wis. 175, 113 N. W. 391, and A. B. Kuhlman Co. v. Cave, 135 Wis. 279, 115 N. W. 793, and decisions cited in those cases. It might be further said that it was at least assumed in Sentinel Co. v. Smith, 143 Wis. 377, 127 N. W. 943, that the law was correctly stated in the…
2Cases cited8 opinions
- National Bank of Commerce of Kansas City, Mo. v. RockefellerCourt of Appeals for the Eighth Circuit · 1909
- People v. . LeeNew York Court of Appeals · 1887
- Deseret National Bank v. DinwoodeyUtah Supreme Court · 1898
- Miami County National Bank v. GoldbergWisconsin Supreme Court · 1907
- Whitehead v. American Lamp & Brass Co.New Jersey Court of Chancery · 1905
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3Cited by4 opinions
- Emerson-Brantingham Implement Co. v. RaugstadMontana Supreme Court · 1922
- Associates Financial Services Co. v. EisenbergWisconsin Supreme Court · 1971
- Goodhue County National Bank v. LarsonSupreme Court of Minnesota · 1928
- Curtis & Yale Co. v. WunderlichWisconsin Supreme Court · 1920