Milwaukee County v. Illinois Surety Co.

Wisconsin Supreme Court

Milwaukee County v. Illinois Surety Co.

159 N.W. 942, 164 Wis. 259, 1916 Wisc. LEXIS 66

DecidedNovember 14, 1916

StatusPublished

This text of 159 N.W. 942 (Milwaukee County v. Illinois Surety Co.) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Milwaukee County v. Illinois Surety Co., 159 N.W. 942, 164 Wis. 259, 1916 Wisc. LEXIS 66 (Wis. 1916).

Pincite

Opinion

WiNsnow, C. J.

The case may be simply stated. The Carson Manufacturing Company contracted in writing with the respondent county to purchase a large quantity of chairs to be manufactured at the Milwaukee house of correction during a certain period, paying therefor by promissory notes to be given at the end of each month, and the appellant at the same time gave a bond conditioned to pay all obligations and indebtedness to the county “arising or to arise out of said agreement-.” In the present action it appears that notes were given and not paid, and this judgment was rendered against the surety for the amount due on such notes. We cannot doubt that the notes were “obligations” arising out of the contract and that the amount due on them is “indebtedness aris[260]*260ing out of” tbe contract. Statement of the proposition seems to us to constitute its proof. We know of no way to make tbe argument stronger.

By the Court. — Judgment affirmed.

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WiNsnow, C. J.

The case may be simply stated. The Carson Manufacturing Company contracted in writing with the respondent county to purchase a large quantity of chairs to be manufactured at the Milwaukee house of correction during a certain period, paying therefor by promissory notes to be given at the end of each month, and the appellant at the same time gave a bond conditioned to pay all obligations and indebtedness to the county “arising or to arise out of said agreement-.” In the present action it appears that notes were given and not paid, and this judgment was rendered against the surety for the amount due on such notes. We cannot doubt that the notes were “obligations” arising out of the contract and that the amount due on them is “indebtedness aris[260]*260ing out of” tbe contract. Statement of the proposition seems to us to constitute its proof. We know of no way to make tbe argument stronger.

By the Court. — Judgment affirmed.

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Bluebook (online)

159 N.W. 942, 164 Wis. 259, 1916 Wisc. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milwaukee-county-v-illinois-surety-co-wis-1916.