Murphy v. Hanrahan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The plaintiff appealed from a judgment of nonsuit. The case is stated in the opinion. 1.The action was not upon the note, but upou, the promise made by the defendant in his agreement with Burke and James Hanrahan. This agreement had been executed upon one side by the discharge of the mortgage, and the money ■must be paid upon the other. The plaintiffs, for whose benefit the promise was made, may maintain the action.
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APPEAL from the Circuit Court for Dodge County. The plaintiff appealed from a judgment of nonsuit. The case is stated in the opinion. 1.The action was not upon the note, but upou, the promise made by the defendant in his agreement with Burke and James Hanrahan. This agreement had been executed upon one side by the discharge of the mortgage, and the money ■must be paid upon the other. The plaintiffs, for whose benefit the promise was made, may maintain the action. Bassett v. Hughes, 43 Wis., 321; McDowell v. Laev, 35 id., 171; Putney v. Farnham, 27 id., 187; Wyman v. Goodrich, 26 id., 21;…
1Opinion of the CourtObtom-, J.
The plaintiffs were the minor children and sole heirs of Barney Murphy, deceased.
*488It is in effect stated in the complaint, that in 1871 one James Hanrahan gave his note for $400 and interest, payable to the said Barney Murphy or order, one year after date; and that soon after, the said Barney died intestate, and leaving no debts nor any estate other than this note; that in 1870, Denis Hanrahan, the defendant, gave to one Burke a mortgage upon certain lands he owned, to secure the payment of $700 and interest, for the sole use and benefit of the said James Han-rahan; and that, after the death…
2Cases cited6 opinions
- Estate of KirkendallWisconsin Supreme Court · 1877
- Smith v. DennySupreme Court of Missouri · 1865
- Haynes v. HarrisSupreme Court of Iowa · 1871
- Cullen v. O'HaraMichigan Supreme Court · 1856
- Hollowell v. ColeMichigan Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Button v. HoffmanWisconsin Supreme Court · 1884
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- McKenney v. MinahanWisconsin Supreme Court · 1903
- Becraft v. LewisMissouri Court of Appeals · 1890
- Melms v. PfisterWisconsin Supreme Court · 1884
18 more not listed; retrieve them via the Exa API.