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IVERS & POND PIANO CO. v. PECKHAM

29 Wis.2d 364 (1966)

IVERS & POND PIANO COMPANY, INC., Appellant, v. PECKHAM, Respondent.

Supreme Court of Wisconsin.

January 4, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Loeb & Cady, and oral argument by Andrew L. Somers, Jr., all of Madison.

For the respondent there was a brief by Oldenburg & Peckham and Verlin H. Peckham, all of Madison, and oral argument by Verlin H. Peckham.

HEFFERNAN, J.

The trial court found that Robert H. Hoyman, agent for the piano company, knew that the $2,000 paid on May 12, 1961, originating with the defendant, Ellsworth L. Peckham, was for the purpose of satisfying the guaranty contract and, therefore, held that the defendant discharged his guaranty by payment. We deem that the court applied the correct rule of law. Where a creditor accepts payment from a third person...

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