Holmes v. Webb
Wisconsin Supreme Court
Appeal from a judgment and an order of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover the amount of two promissory notes' given by the Wisconsin Grain and Fuel Company to the plaintiffs, together with the costs of the action. These notes were given by the Wisconsin Grain and Fuel Company for a pre-existing debt it owed the plaintiffs, Holmes and Hertzberger, doing business as the Holmes-Hertzberger Fuel Company.
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Appeal from a judgment and an order of tbe circuit court for Winnebago county: Geo. W. BubNell, Circuit Judge. This is an action to recover the amount of two promissory notes' given by the Wisconsin Grain and Fuel Company to the plaintiffs, together with the costs of the action. These notes were given by the Wisconsin Grain and Fuel Company for a pre-existing debt it owed the plaintiffs, Holmes and Hertzberger, doing business as the Holmes-Hertzberger Fuel Company. Before delivery the notes were guaranteed by the defendants James Ji. Webb and F. J. Barber in the following terms: “For value…
1DissentEsohweilee, J.
The burden rests upon the plaintiffs both to allege in their complaint and prove on the trial that there was a legal obligation of the individual defendants upon the guaranty distinct from the obligation *285of the maker of the note. The allegations in the complaint tending to so allege are those to the effect that the individual defendants, “for a valuable consideration,” guaranteed the payment of the same note, and the further allegation that there was expressed on the face of the guaranty the words, “for value received” we severally guarantee. As between the original parties to commercial…
2Cases cited4 opinions
- International Textbook Co. v. MabbottWisconsin Supreme Court · 1915
- Bank of Commerce of West Superior v. RossWisconsin Supreme Court · 1895
- Jansen v. KuenzieWisconsin Supreme Court · 1911
- Remington v. Detroit Dental Manufacturing Co.Wisconsin Supreme Court · 1898