Wyman v. Goodrich
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rock County. The plaintiff appealed from an order setting aside a verdict in his favor and granting a new trial.
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APPEAL from the Circuit Court for Rock County. The plaintiff appealed from an order setting aside a verdict in his favor and granting a new trial. The case is stated sufficiently in the opinion. to the point that the defendant’s contract of guaranty was not within the statute of frauds, cited Brown v. Curtiss, 2 Corns. 225; Cardeíl v. McNiel, 21 N. Y. 336 ; Mallory v. Gillett, id. 412; Nelson v. Boynton, 3 Met. 396; Dyer v. Gibson, 16 Wis. 557. cited Eastwood v. Kenyon, 11 Ad. & Ell. 438 (39 Eng. C. L. 137); Saunders v. Wakefield 4 Barn. & Aid. 595; Jenkins v. Reynolds, 3 Brod. & Bing. 14;…
1Opinion of the Court
Paine J.
This is an action upon a guaranty for the payment of a note of a third party, which was sold by the defendant to the plaintiff, for a valuable consideration, and guarantied by him and two others as a part of the terms of sale.
The plaintiff had a verdict on the trial, and the court afterward granted a motion for a new trial. The only ground relied on for granting this motion is, that the guaranty was void within the statute of frauds, for not expressing any consideration. But it seems to be the precise case which has been settled not to be within the statute, if any question arising…
2Cases cited3 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Dyer v. GibsonWisconsin Supreme Court · 1863
3Cited by11 opinions
- Putney v. FarnhamWisconsin Supreme Court · 1870
- McKennon v. WinnSupreme Court of Oklahoma · 1893
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Kelley v. SchuppWisconsin Supreme Court · 1884
- Wilson v. HentgesSupreme Court of Minnesota · 1882
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