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RUNNING v. WIDDES

No. 151.

52 Wis.2d 254 (1971)

190 N.W.2d 169

RUNNING, Executrix of the estate of Orrin Running, substituted as plaintiff for the Bank of Cameron, Respondent, v. WIDDES and wife, Appellants.

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

For the appellants there was a brief by Sheridan, Sheridan & Mellick of Waukon, Iowa, and by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by James U. Mellick of Waukon, Iowa, and Roger L. Imes of La Crosse.

For the respondent there was a brief and oral argument by Edward J. Coe of Rice Lake.

HALLOWS, C. J.

Widdes' first argument contends Running is not a proper party or a creditor under sec. 242.01 (3), Stats.,1 because when he purchased the judgment from the bank the judgment was extinguished. We think not. There was no extinguishment of the judgment debt because Running as guarantor purchased the judgment against his codefendant Widdes, the principal maker. A guarantor is entitled to recovery against the principal and he...

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