Hemenway v. Beecher
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Bayfield ■county: John E. Parish, Circuit Judge. Tbe plaintiff brought action in tbe municipal court of Bay-field county against tbe defendant Beecher and bis wife upon -a promissory note for $55. Tbe Beechers answered admitting tbe execution and delivery of tbe note, but claiming that thereafter tbe American Bank Trust Company, an Iowa corporation, agreed for value to pay tbe note, and that plaintiff thereupon released tbe…
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Appeal from a judgment of tbe circuit court for Bayfield ■county: John E. Parish, Circuit Judge. Tbe plaintiff brought action in tbe municipal court of Bay-field county against tbe defendant Beecher and bis wife upon -a promissory note for $55. Tbe Beechers answered admitting tbe execution and delivery of tbe note, but claiming that thereafter tbe American Bank Trust Company, an Iowa corporation, agreed for value to pay tbe note, and that plaintiff thereupon released tbe defendants from liability. Tbe defendants bad judgment in tbe municipal court and tbe plaintiff thereupon appealed to tbe…
1Opinion of the CourtWinslow, C. J.
Two claims are made by the appellant trust company upon this appeal, viz.: (1) That there was no sufficient proof of a contract of novation; and (2) that there could be no judgment rendered against the trust company because there was no allegation in the complaint that it ever promised or agreed to pay the note.
As to the claim that there was no evidence of a contract of novation, we think it clear that it must be overruled. The defendant F. E. Beecher testified that he transferred to the company certain property, real and personal, together with some money, and that the company, in…
2Cases cited2 opinions
- Taylor v. MattesonWisconsin Supreme Court · 1893
- Bohn Manufacturing Co. v. ReifWisconsin Supreme Court · 1903
3Cited by17 opinions
- Gustafson v. JohnsonSupreme Court of Minnesota · 1952
- Kemerer v. State Farm Mutual Auto InsuranceSupreme Court of Minnesota · 1937
- Navine v. PeltierWisconsin Supreme Court · 1970
- Schroeder v. Arcade Theater Co.Wisconsin Supreme Court · 1921
- Lumbermen's National Bank of Menominee v. CorriganWisconsin Supreme Court · 1918
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