Legal Opinion

Etscheid v. Baker

Wisconsin Supreme Court

Decided November 29, 1901PublishedCited by 3 opinions

Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action upon a bond executed by the defendant under his hand and seal August 27, 1883, wherein and whereby he agreed to pay to the plaintiff’s intestate, Augusta Etscheid, one year after the death of both of her parents, Gottlieb and Anna Wolter, the sum of $1,000; and this action is to recover the same.

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Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action upon a bond executed by the defendant under his hand and seal August 27, 1883, wherein and whereby he agreed to pay to the plaintiff’s intestate, Augusta Etscheid, one year after the death of both of her parents, Gottlieb and Anna Wolter, the sum of $1,000; and this action is to recover the same. The defense is to the effect that after the death of Anna, and during the life of Gottlieb, the defendant fully complied with, satisfied, and paid the amount he was required to pay by the…

1Opinion of the CourtCassoday, C. J.

The principal difficulty we have experienced in deciding this case has arisen from the ambiguous, if not inconsistent, language employed in the “ whereases ” or recitals contained in the bond, set forth in full in the foregoing statement. To ascertain the true meaning of such language, regard should be had to the relation of the parties named and the object or purpose to be secured by the parents in giving the deed of the farm to the defendant and taking back from him the bond and mortgage. There is no dispute but that at the time of the execution of the conveyance, August 27, 1883, the farm…

2Cases cited8 opinions

  1. Bassett v. HughesWisconsin Supreme Court · 1877
  2. Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
  3. Enos v. SangerWisconsin Supreme Court · 1897
  4. Stites v. ThompsonWisconsin Supreme Court · 1898
  5. Grant v. Diebold Safe & Lock Co.Wisconsin Supreme Court · 1890

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
  2. Moore v. BaaschWashington Supreme Court · 1920
  3. Gould v. TuckerSouth Dakota Supreme Court · 1904

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