Murphy v. Baldwin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. .During the fall of 1906 the defendant H. W. Baldwin was indebted in the sum of about $10,000. Of this amount he owed $5,000 to the Citizens National Bank of Green Bay, secured by mining and oil stocks; about $2,500 to the Building & Loan Association of Green Bay, which was secured by two mortgages on his homestead; and about $2,500 in floating indebtedness.
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Circuit Judge. .During the fall of 1906 the defendant H. W. Baldwin was indebted in the sum of about $10,000. Of this amount he owed $5,000 to the Citizens National Bank of Green Bay, secured by mining and oil stocks; about $2,500 to the Building & Loan Association of Green Bay, which was secured by two mortgages on his homestead; and about $2,500 in floating indebtedness. He desired to concentrate his indebtedness, and about December 1st applied to the plaintiff for a loan of $10,000 for the purpose of paying his…
1Opinion of the CourtBabNes, J.
This case has been well briefed and ably argued at the bar, and the learned circuit judge has favored us with a terse and lucid opinion setting forth his views.
The errors assigned are: (1) The court excluded testimony which should have been received. (2) The court should have found as a fact that Baldwin agreed to give plaintiff security for his indorsement. (3) The court should have held as a matter of law that plaintiff was entitled to subrogation, regardless of any promise to give security. (4) The court should have held that plaintiff believed in good faith that he was to receive security…
2Cases cited7 opinions
- Carey v. BoyleWisconsin Supreme Court · 1881
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Watson v. WilcoxWisconsin Supreme Court · 1876
- Wilton v. MayberryWisconsin Supreme Court · 1889
- Downer v. MillerWisconsin Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bank of Baraboo v. ProtheroWisconsin Supreme Court · 1934
- Fitzgerald v. Buffalo CountyWisconsin Supreme Court · 1953
- Marshall & Ilsley Bank v. Hackett, Hoff & Thiermann, Inc.Wisconsin Supreme Court · 1933
- Schumacher v. MarlingWisconsin Supreme Court · 1922
- Taaffe v. Central Trust Co.Court of Appeals for the Seventh Circuit · 1921