Johnson v. Bank of Sun Prairie
Cases that cite this one
4 later published cases cite this decision.
- Scharabok v. Murphy (District Court, E.D. Wisconsin 1960)
- Cleary v. Batz (Wis. 1937)
- Schwenker v. Teasdale (Wis. 1931)
- Steuerwald v. Richter (Wis. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The demurrer was properly overruled because:
1. ■ So far as the moneys which have been collected and applied are concerned, the contract has been fully executed, and under very familiar principles that part of the contract could not be now set aside even if the original promise were held to be within the statute. Larsen v. Johnson, 18 Wis. 300, 47 N. W. 615.
2. The turning out of securities for collection under the agreement that the proceeds may be applied on a third person’s debt is not a promise to pay another’s debt, and hence not required by the statute of frauds to be in writing. Whether any money was ever collected or collectible on the accounts there would be no breach of any promise made by the plaintiff.
By the GourL — Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.