Kinney v. Kruse
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Foreclosure of a .mortgage executed in 1857, by Henry Kruse and wife to the Milwaukee and Fond du Lac Air Line Railroad Company, to secure the note o£ said Henry Kruse, of tbe same date, running to said company or order for $2,400, payable in ten years, with, interest payable annually.
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APPEAL from the Circuit Court for Washington County. Foreclosure of a .mortgage executed in 1857, by Henry Kruse and wife to the Milwaukee and Fond du Lac Air Line Railroad Company, to secure the note o£ said Henry Kruse, of tbe same date, running to said company or order for $2,400, payable in ten years, with, interest payable annually. Tbe defendants contested tbe action on tbe grounds, first, of a want of of power in tbe railroad company to receive tbe mortgages ; secondly, of a judgment avoiding tbe note and mortgage, rendered in a prior suit against tbe railroad company “ and persons un…
1Opinion of the Court
DixoN. C. J.
The fraudulent putting in circulation of a negotiable instrument which operates to change the burden of proof and call upon the plaintiff to prove his title as a bona fide holder, is where this is done fraudulently as to the defendant or maker, and not where it is so done as to the payee or some intermediate holder or party to the paper. If, therefore, Alton, as president of the railroad company, fraudulently put the note and mortgage in circulation as to the company, it is not perceived how that circumstance is available to the defendants as a distinct ground of defense, or for…
2Cases cited1 opinion
- Bange v. FlintWisconsin Supreme Court · 1870
3Cited by15 opinions
- Koehler v. DodgeNebraska Supreme Court · 1891
- Bowles v. OakmanMichigan Supreme Court · 1929
- Parsons v. Utica Cement Manufacturing Co.Supreme Court of Connecticut · 1909
- Atkinson v. NeblettSupreme Court of Virginia · 1926
- Atlas Investment Co. v. ChristWisconsin Supreme Court · 1942
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