Holm v. Colman
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau. Claire county: W. F. Bailey, Circuit Judge. About October 1, 1891, the defendant Mills was desirous-of purchasing certain pine standing on lands described in township 39, belonging to Cornell University, but had not the money to do so.
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Appeal from a judgment of the circuit court for Eau. Claire county: W. F. Bailey, Circuit Judge. About October 1, 1891, the defendant Mills was desirous-of purchasing certain pine standing on lands described in township 39, belonging to Cornell University, but had not the money to do so. Accordingly he applied to the defendant Golmcm to advance the money and purchase the lands in his (Golmcm’s) name and allow Mills to get off the timber and sell the same to Gol/mcm, he getting his pay out of the logs so delivered. Accordingly, October 1, 1891, Golman entered into a contract with CorneE…
1Opinion of the CourtOassoday, J.
We perceive no error in refusing to change tbe venue. Tbe defendant Gobnan resided in La Crosse, and tbe defendant Mills in Eau Claire, where tbe action was brought. If tbe plaintiff was entitled to recover against Colman upon tbe cause of action alleged in bis complaint, then be was also entitled to recover for tbe same amount against Mills upon bis guaranty of tbe payment of tbe same ■indebtedness. They were both severally liable for tbe same demand, although upon different instruments, and hénce nould both be included as defendants in tbe same action, at tbe option of tbe plaintiff. Sec.…
2Cases cited1 opinion
- Zeller v. MartinWisconsin Supreme Court · 1893
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