Coxe Bros. & Co. v. Milbrath
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. On August 1, 1895, the defendant executed and delivered to plaintiff a guaranty, of which the following is a copy: “ Whereas, Otto Kornreich is indebted to Coxe Bros, da Co., Inc., on open account, for coal heretofore sold and delivered by Coxe Bros, db Co., Inc., to him, in the sum of thirteen hundred and one iA dollars. “Andwhereas, Otto Kornreich intends to purchase of Coxe Bros.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. On August 1, 1895, the defendant executed and delivered to plaintiff a guaranty, of which the following is a copy: “ Whereas, Otto Kornreich is indebted to Coxe Bros, da Co., Inc., on open account, for coal heretofore sold and delivered by Coxe Bros, db Co., Inc., to him, in the sum of thirteen hundred and one iA dollars. “Andwhereas, Otto Kornreich intends to purchase of Coxe Bros. (& Co., Inc., further amounts of coal from, time to time after the date hereof. “Now, in consideration of the premises and one…
1Opinion of the CourtBaedeeN, J.
1. The plaintiff claims that the two papers offered in evidence should be read together as one instrument, and that by so doing they are not repugnant to the requirements of sec. 2307, Stats. 1898, that a consideration shall be expressed. As we view the situation, a decision of this question is not essential to support the plaintiff’s cause of action. The extension agreement was made January 18, 1897. After that date the plaintiff furnished Kornreich coal of the value of $1,859.57. If the new agreement is valid as to coal furnished after its execution, unless it be held that the note given by…
2Cases cited2 opinions
- Waldheim v. MillerWisconsin Supreme Court · 1897
- Williams v. KetchumWisconsin Supreme Court · 1865
3Cited by10 opinions
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- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Bank of Baraboo v. ProtheroWisconsin Supreme Court · 1934
- Earl v. NappWisconsin Supreme Court · 1935
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