Frailing v. Sieber
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano county: W. B. Quinlan, Judge. The defendants John Sieber and Hannah Sieber are husband and wife. At the time of their marriage Hannah Sieber was the owner of eighty acres of land and John Sie-ber owned twenty-seven acres of land which he farmed in connection with a rented forty. Certain farm machinery was bought which was used in cultivating both farms.
Read the full summary
Appeal from a judgment of the circuit court for Shawano county: W. B. Quinlan, Judge. The defendants John Sieber and Hannah Sieber are husband and wife. At the time of their marriage Hannah Sieber was the owner of eighty acres of land and John Sie-ber owned twenty-seven acres of land which he farmed in connection with a rented forty. Certain farm machinery was bought which was used in cultivating both farms. Whether the defendant Hannah Sieber was liable for any of this farm machinery may be said to be a controverted question. They were eventually sued for the purchase price thereof. They…
1Opinion of the CourtOwen, J.
It will be noted that the defendant Hannah Sieber did not sign the note which was indorsed by the plaintiff John Frailing and which he was compelled to pay. Sec. 1675 — 18, Stats, (negotiable instrument law), provides : “No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided.” This is a statutory embodiment of pre-existing well settled law. Daniel, Neg. Inst. § 303; 2 Corp. Jur. p. 525; 7 Cyc. 549; 21 Ruling Case Law, p. 895. Speaking of the rule that no party can be charged as principal upon a negotiable instrument unless…
2Cited by5 opinions
- Lipman v. MangerWisconsin Supreme Court · 1924
- Kegel v. McCormackWisconsin Supreme Court · 1937
- Hawthorne v. Austin Organ Co.Court of Appeals for the Fourth Circuit · 1934
- Pogletke v. SchwanzMichigan Supreme Court · 1957
- Hawthorne v. Austin Organ Co.Court of Appeals for the Fourth Circuit · 1934