Maxey v. Rideout
U.S. Circuit Court for the District of Eastern Wisconsin
•Action by John O. Maxey against Walton K. Rideout. On plea in abatement. The facts, as disclosed by the complaint, are briefly as follows: That the plaintiff was the owner of a tract of about 7,900 acres of timber land, which was contiguous to a certain old and abandoned railroad right of way known as the “Huron Bay Railroad.”
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•Action by John O. Maxey against Walton K. Rideout. On plea in abatement. The facts, as disclosed by the complaint, are briefly as follows: That the plaintiff was the owner of a tract of about 7,900 acres of timber land, which was contiguous to a certain old and abandoned railroad right of way known as the “Huron Bay Railroad.” That the plaintiff and defendant, together with one M. C. Phillips, formed a plan to organize and promote, for their personal profit, a railway company which was to acquire said old railway right of way and certain timber lands adjacent thereto. Pursuant to said plan,…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The theory .upon which the plea of abatement rests is that the action has been prematurely brought, that the promise of the defendant was collateral and did not amount to a guarantee against liability, and that no recovery can be had until the judgment or some part thereof has been paid by'the plaintiff. It was conceded in the argument by plaintiff’s counsel that, if the defendant by virtue of the written agreement became a surety, the plea should be sustained. But it was vigorously contended that this was an original engagement on the part of Rideout,…
2Cases cited7 opinions
- Davis v. PatrickSupreme Court of the United States · 1891
- Emerson v. SlaterSupreme Court of the United States · 1860
- Barth v. GrafWisconsin Supreme Court · 1898
- Thompson v. TaylorWisconsin Supreme Court · 1872
- Lyle v. McCormick Harvesting Machine Co.Wisconsin Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hagerhorst v. Indemnity Ins. Co. of North AmericaDistrict Court, E.D. Missouri · 1939