Ritter v. Bruss
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: Oerbn T. Williams, Judge. Action on a joint and several promissory note, dated June 10, 1895, due one year after date, for $2,000, payable to plaintiff, with interest at five per cent., payable semi-annually, signed by J ulius Bruss and Wilhelmine Bruss.
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Appeal from a judgment of tbe superior court of Milwaukee county: Oerbn T. Williams, Judge. Action on a joint and several promissory note, dated June 10, 1895, due one year after date, for $2,000, payable to plaintiff, with interest at five per cent., payable semi-annually, signed by J ulius Bruss and Wilhelmine Bruss. Immediately following the signatures appears this statement: “The above note is made for the benefit of my separate estate, and I hereby charge it with the payment thereof. “WlLITELMINB BRUSS.” The complaint sets out the note at length, and contains proper allegations showing…
1Opinion of the Court
BaRdeeN, T.
The evidence shows that the loan for which •the note in suit was given was negotiated by the defendant Julius for use in his own business; that the plaintiff had no -communication or negotiation with the wife, and knew that •she was not interested in getting tire money. The answer of the wife set up that she executed the note as surety for her husband, and that the transaction did not concern her separate property or earnings. The court promptly ruled out all testimony offered by the defendants tending to prove this defense. Such ruling was distinctly erroneous. It was competent…
2Cases cited16 opinions
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Maxon v. . ScottNew York Court of Appeals · 1873
- Gaynor v. BlewettWisconsin Supreme Court · 1893
- Riley v. GreggWisconsin Supreme Court · 1863
- Mueller v. WieseWisconsin Supreme Court · 1897
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3Cited by8 opinions
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- First National Bank v. BertoliSupreme Court of Vermont · 1914
- United States v. Wesley J. Warwick and Eunice B. WarwickCourt of Appeals for the Seventh Circuit · 1982
- Bailey v. FinkWisconsin Supreme Court · 1906
- Merrell v. PurdyWisconsin Supreme Court · 1906
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