Lippincott v. Lawrie
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaebaNt, Circuit Judge. On September 20, 1897, one D. J. Lawrie, the husband of respondent, MerUe Lawrie, was a tailor in Milwaukee, and had for some time before been purchasing cloths of the plaintiffs. He desired to so continue, and they declined to allow such line of credit as he had theretofore enjoyed unless some security were given.
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Appeal from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaebaNt, Circuit Judge. On September 20, 1897, one D. J. Lawrie, the husband of respondent, MerUe Lawrie, was a tailor in Milwaukee, and had for some time before been purchasing cloths of the plaintiffs. He desired to so continue, and they declined to allow such line of credit as he had theretofore enjoyed unless some security were given. It was proposed and arranged that he and his wife should give a note and mortgage for $3,000 as security for prospective indebtedness. Plaintiffs’ agent came to Milwaukee, and had a…
1Opinion of the CourtDodge, J.
When the trial court ruled that parol evidence might, be admitted to show that the absolute acknowledgment of the existence of a debt of $3,000, and the promise to pay the same, expressed by the note and mortgage in suit, were .not to be taken according to their words, but that said papers, absolute in form, were given and received merely as collateral security for some other liability, he ruled rightly. 2 Jones, Ev. § 507; Kent v. Agard, 24 Wis. 378; Andrews v. Jenkins, 39 Wis. 476, 481; Manufacturers’ Bank v. Rugee, 59 Wis. 221, 223, 18 N. W. 251; Lamson v. Moffat, 61 Wis. 153, 156, 21 N.…
2Cases cited12 opinions
- Brader v. BraderWisconsin Supreme Court · 1901
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Ferris v. . HardNew York Court of Appeals · 1892
- Bank of Utica v. FinchNew York Court of Chancery · 1848
- Kent v. AgardWisconsin Supreme Court · 1869
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3Cited by3 opinions
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