Platt v. Schmitt
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county: J. A. Baeney, Judge. This action was .commenced about May 1, 1900, to foreclose a mortgage upon real estate.
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Appeal from a judgment of the county court of Dodge county: J. A. Baeney, Judge. This action was .commenced about May 1, 1900, to foreclose a mortgage upon real estate. The complaint alleges, in effect, that such mortgage was executed by Peter Schmitt and Josephine j his wife, March 28, 1894, to Bernard Hauser, to secure six notes of even date, amounting in the aggregate to $6,500, and each executed by Peter and Josephine Schmitt to Bernard Hauser — each drawing interest annually at five per cent, per annum — two of which notes, of $500 each, became due March 28, 1896; one of which notes, of…
1Opinion of the CourtCassoday, C. J.
The questions involved are mostly matters of fact. To the several findings of the court there are few exceptions. There is no dispute but that the mortgage was given-by Peter Schmitt and wife, March 28, 1894, to secure six notes, five of which were for $500 each, and one for $4,000, and each with interest at five per cent, per *494annum. The complaint erroneously alleges that the several notes were signed by Mrs. Schmitt, as well as her husband, and also as to the respective dates at which the several notes became due and payable, as appears from the third finding, to which no exception is taken.…
2Cases cited6 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Bartel v. BrownWisconsin Supreme Court · 1899
- Ladd v. HildebrantWisconsin Supreme Court · 1870
- Galloway v. HamiltonWisconsin Supreme Court · 1887
- Spence v. PieperWisconsin Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Houman v. Mayor & Coun. Bor. Pompton LakesNew Jersey Superior Court Appellate Division · 1977
- Loizeaux v. FremderWisconsin Supreme Court · 1904