Moulton v. Posten
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action upon the joint promissory note of tbe defendant and one B. C. Smith. The cause was tried without a jury. The following findings of fact by the court will explain the nature of the action and the grounds of defense thereto: “First.
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APPEAL from the Circuit Court for Fond du Lao County. Action upon the joint promissory note of tbe defendant and one B. C. Smith. The cause was tried without a jury. The following findings of fact by the court will explain the nature of the action and the grounds of defense thereto: “First. On the 29th of March, 1870, in the town of Mack-ford, Green Lake county, the defendant B. C.'Smith, being indebted to one Benjamin Eoote in the sum of about $60, and to one Dr. Eggleston in the sum of $40, made his promissory note in the following words and figures, to wit: “ ‘ $100. Maech 29, 1870. “…
1Opinion of the CourtLyon, J.
The learned judge of the circuit court ordered judgment dismissing the action, on the grounds, (1) That the plaintiff, by his agent, extended the time of payment of the note at the request of Smith, the maker, for whose debt it was *172given, without the consent of the defendant Posten, and with knowledge that the latter signed it for the accommodation of Smith; and (2) because of plaintiff’s laehes in not bringing suit upon the note in time to prevent Smith from availing himself of the defense that the statute of limitations had run in his favor against the note. It is not deemed necessary to…
2Cases cited2 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Hamilton v. ProutyWisconsin Supreme Court · 1880
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