Sage v. McLaughlin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Juneau County. The complaiut alleges that the defendant McLaughlin was indebted to the plaintiff in the sum of $1,000 and interest, on a note and mortgage for that amount executed by him to one Lucy A. Sage; that, being so indebted, and in consideration that the plaintiff had agreed to pay for McLaughlin a certain other note and mortgage for $800 and interest, executed by the latter to one Templeton and then over due, and to take up the same…
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APPEAL from the Circuit Court for Juneau County. The complaiut alleges that the defendant McLaughlin was indebted to the plaintiff in the sum of $1,000 and interest, on a note and mortgage for that amount executed by him to one Lucy A. Sage; that, being so indebted, and in consideration that the plaintiff had agreed to pay for McLaughlin a certain other note and mortgage for $800 and interest, executed by the latter to one Templeton and then over due, and to take up the same (both of said mortgages being upon the lands affected by this action, and the amount unpaid on the debts secured by…
1Opinion of the CourtLyon, J.
1. It appears from the uncontradicted evidence, or is proved by a clear preponderance of the testimony, that Lucy A. Sage, who is the wife of the plaintiff, was the owner *555of the $1,000 note and mortgage, the same being her separate property; that she loaned $1,000 to the defendant McLaughlin, for which loan they were given; that such loan was negotiated for McLaughlin by E. 0. Sage as his agent, who, pursuant to an agreement with McLaughlin, and without the knowledge or consent of Mrs. Sage, retained $50 of the loan for his services. This is the transaction upon which the claim of usury, set…
2Cases cited4 opinions
- Webb v. MeloyWisconsin Supreme Court · 1873
- Campbell v. BabcockWisconsin Supreme Court · 1871
- Ottillie v. WæchtekWisconsin Supreme Court · 1873
- Jones v. GilmanWisconsin Supreme Court · 1861
3Cited by12 opinions
- Edleman v. KiddWisconsin Supreme Court · 1885
- Arnd v. SjoblomWisconsin Supreme Court · 1907
- Forcy v. LeonardWisconsin Supreme Court · 1885
- Leary v. LearyWisconsin Supreme Court · 1887
- Wrigglesworth v. WrigglesworthWisconsin Supreme Court · 1878
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