Cotterill v. Stevens
Wisconsin Supreme Court
ERROR TO CXRCUIT COURT, WINNEBAGO COUNTY. This was an action commenced by Julius A. Stevens against Lyman H. Cotterill, Wilbert N. P'easlee, and James Johnson, to recover the sum of $500. The complaint set forth that one Alfred Gilson was indebted to the plaintiff about $1,000, andj at the same time the defendants became indebted to Gilson in the sum of $500, for a quantity of pine logs sold to them by Gilson; and that it was agreed by the plaintiff and Gilson, and the…
Read the full summary
ERROR TO CXRCUIT COURT, WINNEBAGO COUNTY. This was an action commenced by Julius A. Stevens against Lyman H. Cotterill, Wilbert N. P'easlee, and James Johnson, to recover the sum of $500. The complaint set forth that one Alfred Gilson was indebted to the plaintiff about $1,000, andj at the same time the defendants became indebted to Gilson in the sum of $500, for a quantity of pine logs sold to them by Gilson; and that it was agreed by the plaintiff and Gilson, and the defendants, that the latter should pay the $500 dollars to the plaintiff, and he should extinguish the debt of Gilson to that…
1Opinion of the Court
By the Court,
Cole, J.
It appears to us that the judgment in this case must .be affirmed. It is insisted that the action cannot be maintained, because it is said that the promise of the plaintiffs in error was a collateral undertaking to answer for the debt of Gilson, and not being in writing, is void, by the statute of frauds-. But there certainly is considerable testimony in the case going to. support the allegations of the complaint, in respect to this promise; and we have no doubt but that the complaint sets forth a good cause of action. The complaint alleges, in substance, that Gilson was…
2Cases cited5 opinions
- Barker v. BucklinNew York Supreme Court · 1846
- Farley v. ClevelandNew York Supreme Court · 1825
- Arnold v. LymanMassachusetts Supreme Judicial Court · 1821
- Osborne v. HumphreySupreme Court of Connecticut · 1829
- Emerick v. SandersWisconsin Supreme Court · 1853
3Cited by11 opinions
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Kollock v. ParcherWisconsin Supreme Court · 1881
- McDowell v. LaevWisconsin Supreme Court · 1874
- Houghton v. MilburnWisconsin Supreme Court · 1882
- Gabriel v. Kildare Elevator Co.Supreme Court of Oklahoma · 1907
6 more not listed; retrieve them via the Exa API.