Corbitt ex rel. Alvord v. Stonemetz
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The case is stated in the opinion of the court. The instrument sued on was payable in articles — not money — as needed.' If the payee needed any particular articles, the respondent should have been informed of it, and a reasonable demand made upon him for them, and the complaint should have alleged these facts. 5 Cow., 516 ; 20 Wend., 196 ; 2 Pars, on Con., 161-4; 2 Denio, 145; 4 Iowa, 590; 3 Watts & Serg., 295 ; 2 Penn., 69.
1Opinion of the Court
By the Court,
Cole, J.
This was an action upon an instrument in writing, of which the following is a true copy : “ Cambria, Nov. 8th, 1859. Eor value received, we jointly and severally promise to pay to Catharine Corbitt the sum of one hundred dollars, to be paid at such times and in such articles as the said Catharine may need for her support and maintenance. JOHN SMITH. L. Stonemetz.”
The plaintiff was non-suited in the circuit court, we suppose upon the ground that it did not appear from the evidence that Catharine was in need of any articles for her support, and that a proper demand had been…
2Cited by5 opinions
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- Cameron v. AustinWisconsin Supreme Court · 1886
- American Wine Co. v. Brasher Bros.U.S. Circuit Court for the District of Colorado · 1882
- Ritchie v. HuntingtonSupreme Court of Kansas · 1871