John A. Tolman & Co. v. Infusina
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. Action upon'bonds to indemnify plaintiff from any loss sustained through the principal, who was its salesman.
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Appeal from a judgment of the circuit court for Racine county: E. B. Belden, Circuit Judge. Action upon'bonds to indemnify plaintiff from any loss sustained through the principal, who was its salesman. The material portion of the second bond, which is the only one involved in the appeal, is as follows: “This memorandum witnesseth, that John A. Tolman & Company has contracted with John C. Peterson as salesman, and otherwise, and in consideration of the sum .of one dollar, and other valuable consideration received from said company, the receipt of which is hereby acknowledged, I hereby…
1Opinion of the CourtVinje, J.
In their answers and upon the trial the appealing defendants claimed that the bond was given for a past indebtedness due plaintiff from Peterson; that no consideration moved from plaintiff to the sureties or to Peterson; and that the sureties were induced to sign the bond through fraudulent concealment of facts known to it but not to them, to the effect that Peterson was a defaulter. The trial court found against them upon the latter point. The alleged fraud consisted in plaintiff failing to inform the sureties of the fact that Peterson was already indebted to it at the time they signed the…
2Cases cited3 opinions
- Carey v. DyerWisconsin Supreme Court · 1897
- Bank of Commerce of West Superior v. RossWisconsin Supreme Court · 1895
- John A. Tolman Co. v. ButtWisconsin Supreme Court · 1903
3Cited by6 opinions
- Menzner v. Marathon County BankWisconsin Supreme Court · 1926
- Singer v. General Accident, Fire & Life Assurance Corp.Wisconsin Supreme Court · 1935
- Dunn v. LarkinWisconsin Supreme Court · 1933
- Greene v. Minn Billiard Co.Wisconsin Supreme Court · 1920
- Merrill v. FochtWisconsin Supreme Court · 1920
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