Coleman v. Ward
Wisconsin Supreme Court
APPEAL from the Circuit Court for Crawford County. This is an action on a promissory note given by the defendants to the plaintiff for the sum of $200, the defendant Ward having signed the same as surety.
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APPEAL from the Circuit Court for Crawford County. This is an action on a promissory note given by the defendants to the plaintiff for the sum of $200, the defendant Ward having signed the same as surety. The note matured January 13, 1883. Two payments of interest were indorsed on it, the last dated January 10, 1884, and there was an indorsement of payment of $79.35, May 2, 1885. The defendant Ward relied on the statute of limitations, and the plaintiff sought to recover on the ground that the note was taken out of the statute by the indorsement of the last payment. This payment was made by…
1Opinion of the CourtPiNNEY, J.
The statute is that “ if there are two or more joint contractors ... no one of them shall lose the benefit of the provisions of the statute of limitations, so as to be chargeable, by reason only of any payment made by any other or others of them.” R. S. sec. 4218. This action was certainly barred unless taken out of the statute by the payment of $79.35, May 2, 1885, and it was made by and at the direction or request of the defendant Ward. The fact that the payment was made by Barrette of his own volition and without the request or direction of Ward, is made of no avail by the statute. It…
2Cases cited2 opinions
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3Cited by6 opinions
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- Zuehlke v. EngelWisconsin Supreme Court · 1938
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