Fond du Lac Harrow Co. v. Haskins
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Taylor: “This action was brought to foreclose a mortgage given by one Susanah Bowles to the plaintiff, to secure the payment of any sum which should be found due to the plaintiff from her on her contract of guaranty below set forth.
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APPEAL from the Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Taylor: “This action was brought to foreclose a mortgage given by one Susanah Bowles to the plaintiff, to secure the payment of any sum which should be found due to the plaintiff from her on her contract of guaranty below set forth. The complaint sets out a contract between the plaintiff and one S. N. Griffith, and then alleges th'at the said Susanah Bowles, James A. Ilas-7dns, and one Ruth A. Griffith, at the time of the execution of the contract between the plaintiff and said S. N. Griffith,…
1Opinion of the CourtTayloR, J.
We think the demurrer should have been overruled. Section 3156, R. S., amongst other things, provides that “in all such actions the plaintiff may in his complaint unite with his claim for a foreclosure and sale a demand for judgment for any deficiency which may remain due to the plaintiff after sale of the mortgaged premises, against every party who may be personally liable for the debt secured by the mortgage, whether the mortgagor or other persons, if upon the same contract the mortgage is given to secure; and judgment of foreclosure and sale, and also for any such deficiency remaining…
2Cases cited4 opinions
- Bishop v. DouglassWisconsin Supreme Court · 1870
- Dart v. SherwoodWisconsin Supreme Court · 1859
- Merchants' National Bank v. RaymondWisconsin Supreme Court · 1871
- Burdick v. BurdickWisconsin Supreme Court · 1866
3Cited by5 opinions
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Palmeter v. CareyWisconsin Supreme Court · 1885
- Halbach v. TresterWisconsin Supreme Court · 1899
- Bernard Damsky, Olga Damsky and Henry Birns v. Honorable Joseph C. Zavatt, United States District Judge for the Eastern District of New YorkCourt of Appeals for the Second Circuit · 1961