Getty v. Schantz
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This was an action by the plaintiff, as executrix of the will of Horton Cottrell, deceased, upon two written guaranties of collection.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This was an action by the plaintiff, as executrix of the will of Horton Cottrell, deceased, upon two written guaranties of collection. On April 13,1889, the Hew London Furniture Company, a corporation, made two promissory notes, one for $2,000 and one for $2,500, payable to the order of Horton Cottrell, with interest at seven per cent, per annum; the first named being payable.Tune 1, 1892, and the second June 1, 1894. These notes were secured by a mortgage upon a manufacturing plant owned by the…
1Opinion of the CourtWihslow, J.
This action was tried by the court, and it was manifest error to grant a nonsuit. In all actions tried by the court, the statute requires findings of fact and conclusions of law to be made. R. S. 1878, sec. 2863. If the court is of opinion upon the facts found that the plaintiff has made no case entitling him to judgment, the complaint should be dismissed upon the findings. Dietz v. Neenah, 91 Wis. 422. Still, if the evidence shows that the plaintiff has-in fact no cause of action, a judgment of dismissal will not be reversed merely because of the failure to make findings. Dietz v. Neenah,…
2Cases cited9 opinions
- Dietz v. City of NeenahWisconsin Supreme Court · 1895
- Day v. ElmoreWisconsin Supreme Court · 1856
- Salt Springs National Bank v. SloanNew York Court of Appeals · 1892
- French v. MarshWisconsin Supreme Court · 1872
- Cottrell v. New London Furniture Co.Wisconsin Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Eastern Wisconsin Railway & Light Co. v. HackettWisconsin Supreme Court · 1908
- McIntyre v. McGovernWisconsin Supreme Court · 1924
- Getty v. SchantzCourt of Appeals for the Seventh Circuit · 1900