Houghton v. Ely
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The action was brought upon an instrument in the words following: “ $600. Central City, November 4th, 1861. Nine months after date, for value received, I promise to pay Orrin B. Houghton, or bearer, six hundred dollars in good retorted dust, at $16 per oz., at the office of Lyon, Rillman & Co., with ten per cent, per annum interest from date. Thomas Carter.”
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APPEAL from the Circuit Court for Kenosha County. The action was brought upon an instrument in the words following: “ $600. Central City, November 4th, 1861. Nine months after date, for value received, I promise to pay Orrin B. Houghton, or bearer, six hundred dollars in good retorted dust, at $16 per oz., at the office of Lyon, Rillman & Co., with ten per cent, per annum interest from date. Thomas Carter.” On the back of this instrument were written the following words: “Kenosha Quartz Company, by C. L. Ely, President.”. The complaint alleges, in substance, that Garter desired to purchase,…
1Opinion of the CourtDixon, C. J.
Counsel for the defendants Ely and others, composing, the firm or copartnership known as the “ Kenosha Quartz Company,” whose name, by the defendant Ely, its president, was written on the back of the note before its delivery to the plaintiff, contest their liability on the ground that the contract is within the statute of frauds, and void according to the doctrine of Taylor v. Pratt, 3 Wis. 674. This position of counsel has led me to examine into the grounds *185of that decision. I have done so very carefully, necessarily devoting much time to the subject, and the result has been ' to satisfy my…
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