Legal Opinion

John A. Tolman Co. v. Butt

Wisconsin Supreme Court

Decided February 3, 1903PublishedCited by 1 opinion

Appeal from a judgment of tbe circuit court for Vernon county: J. J. Rbuit, Circuit Judge. Tbis is an action to recover $1,187.80, witb interest from September 21, 1900, for moneys belonging to tbe plaintiff, received by tbe defendant B. A. Bussell between May 1, 1897, and March 15, 1900, while acting as traveling salesman fox tbe plaintiff, in excess of wliat lie paid and accounted to the plaintiff during that period.

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Appeal from a judgment of tbe circuit court for Vernon county: J. J. Rbuit, Circuit Judge. Tbis is an action to recover $1,187.80, witb interest from September 21, 1900, for moneys belonging to tbe plaintiff, received by tbe defendant B. A. Bussell between May 1, 1897, and March 15, 1900, while acting as traveling salesman fox tbe plaintiff, in excess of wliat lie paid and accounted to the plaintiff during that period. The action is based upon a written contract bearing date May 1, 1897, between the plaintiff and R. A. Russell, and a written guaranty of the same, executed by Russell and the…

1Opinion of the CourtCassoday, C. J.

The liability of the appellants is based upon the bond or written guaranty, which speaks for itself.

1. Error is assigned because the court held, as a matter of law, that the appellants were liable thereon after the termination of the first year. The contract so guarantied was “for one year from date,” and might “continue from year to year.” The guaranty expressly covered “all moneys and goods” which the plaintiff might “from time to time advance” to Russell, and “any and all indebtedness” which might thereafter “become due to” the plaintiff “from him, whether by the terms of any contract or…

2Cases cited5 opinions

  1. John A. Tolman Co. v. RiceIllinois Supreme Court · 1896
  2. John A. Tolman Co. v. ReedMichigan Supreme Court · 1897
  3. John A. Tolman Co. v. GriffinMichigan Supreme Court · 1896
  4. John A. Tollman Co. v. BowermanSouth Dakota Supreme Court · 1894
  5. John A. Tolman Co. v. ClementsMichigan Supreme Court · 1893

3Cited by1 opinion

  1. John A. Tolman & Co. v. InfusinaWisconsin Supreme Court · 1920

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