Sears v. Loy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The case is stated by the court. Verdict and judgment for the defendant; and the plaintiffs appealed. contended that the evidence showed the guaranty to have been given after the plaintiffs sold their goods to the maker of the note, and the verdict was conclusive on that point; and that therefore some consideration for it must be shown, other than the credit given by the plaintiffs to the maker of the note, citing Leonard v.…
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APPEAL from the Circuit Court for Brown County. The case is stated by the court. Verdict and judgment for the defendant; and the plaintiffs appealed. contended that the evidence showed the guaranty to have been given after the plaintiffs sold their goods to the maker of the note, and the verdict was conclusive on that point; and that therefore some consideration for it must be shown, other than the credit given by the plaintiffs to the maker of the note, citing Leonard v. Vanderburgh, 8 Johns., 29. 2. Defendant had a right to show by parol evidence that there was in fact no consideration for…
1Opinion of the Court
By the Court,
Cole, J.
The questions in this case arise entirely upon the instructions. The action was on the following contract of guaranty : “In consideration of one dollar to me in “ hand paid, I hereby guarantee the payment of a note made *97“ by John Day of Green Bay, Wisconsin, for seven hundred “ thirty-five 28-100 dollars, at sis months from April 28th, 1856, “ and payable at the Northern Bank at Green Bay, Wisconsin, “ with all exchange over one per cent. (Signed) D. M. Loy.”
On the trial, the defendant Loy was sworn as a witness, and testified, under objection, that the dollar was not…
2Cited by6 opinions
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
- Little v. Superior Rapid Transit Railway Co.Wisconsin Supreme Court · 1894
- Menn v. StateWisconsin Supreme Court · 1907
- Warder v. BakerWisconsin Supreme Court · 1882
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