Paine v. Voorhees
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action on a contract entered into by T. V. and J. M. Voorhees with the plaintiffs, and upon a penal bond given to secure its performance, in which said defendants Voorhees were principals, and defendant Boyer was surety. The nature of the contract and the grounds of defense will sufficiently appear from the opinion.
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APPEAL from the Circuit Court for Dodge County. Action on a contract entered into by T. V. and J. M. Voorhees with the plaintiffs, and upon a penal bond given to secure its performance, in which said defendants Voorhees were principals, and defendant Boyer was surety. The nature of the contract and the grounds of defense will sufficiently appear from the opinion. The circuit court found the making of the original contract and of the bond as alleged in the complaint; and also found: 1. That on the 2d of November, 1868, the defendants Voorhees, being indebted to the plaintiffs, on said…
1Opinion of the CourtCole, J.
We are unable to agree with the circuit court as to the effect of the evidence in this case. The court found, as facts established by the evidence, that the notes mentioned in the answer were accepted by the plaintiffs in payment and extinguishment of two thousand dollars of the indebtedness due from the defendants Voorhees, and that it was, when the notes were delivered, understood and intended that they should be a payment to that amount. Now it seems to us that the testimony is entirely insufficient to warrant any such conclusion. It must be remembered that in this state the doctrine is…
2Cases cited9 opinions
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Elwood v. DeifendorfNew York Supreme Court · 1848
- Ford v. MitchellWisconsin Supreme Court · 1862
- Morgan v. MartienSupreme Court of Missouri · 1862
- Okie v. SpencerSupreme Court of Pennsylvania · 1837
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3Cited by19 opinions
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- Wisconsin Trust Co. v. CousinsWisconsin Supreme Court · 1920
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- First National Bank of Milwaukee v. FinckWisconsin Supreme Court · 1898
- Aultman v. JettWisconsin Supreme Court · 1877
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