Senger v. Malloy
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Os cae M. Feitz, Circuit Judge. The plaintiffs brought this action to have a mortgage for $1,600 judicially declared to be paid and satisfied and to have their title adjudged to be free and clear of such mortgage. The defendants and appellants answered denying that the mortgage was paid, and interposed a cross-complaint for the foreclosure of the mortgage, alleging that'there was $700 due thereon.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Os cae M. Feitz, Circuit Judge. The plaintiffs brought this action to have a mortgage for $1,600 judicially declared to be paid and satisfied and to have their title adjudged to be free and clear of such mortgage. The defendants and appellants answered denying that the mortgage was paid, and interposed a cross-complaint for the foreclosure of the mortgage, alleging that'there was $700 due thereon. Prior to July 2, 1906, one Charles Trzebiatowski, who for the sake of brevity will hereafter be referred to as Charles, was engaged…
1Opinion of the CourtBarnes, J.
Eor the sake of brevity the two Trzebiatow-skis will be referred to by their Christian names. Charles was authorized to collect the interest on the note in suit, but not the principal. When Malloy learned what had been done *248lie might have disaffirmed the acts of Charles and looked to the plaintiffs for the full amount of the note, or he might have elected to affirm and ratify such acts and treat the estate of Charles as his debtor for the amount of the principal collected. It was six or eight months after Malloy knew that the payments had been made to Charles before he advised the plaintiffs…
2Cases cited4 opinions
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Very v. LevySupreme Court of the United States · 1852
- Saveland v. GreenWisconsin Supreme Court · 1876
- McWhinne v. MartinWisconsin Supreme Court · 1890
3Cited by5 opinions
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- ABC Outdoor Advertising, Inc. v. Dolhun's Marine, Inc.Wisconsin Supreme Court · 1968
- Schmidt v. BlankschienWisconsin Supreme Court · 1940
- Springsteen v. LewisCourt of Appeals for the Ninth Circuit · 1919
- Zuehlke v. OttWisconsin Supreme Court · 1936