Schumacher v. Falter
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. This is an action originally brought in justice’s court to recover the penalty for failure to discharge a mortgage imposed by section 2256 of the Wisconsin Statutes for 1898. The answer was a general denial. The plaintiff recovered judgment in the justice’s court, and the defendant appealed to the circuit court, where a jury trial was had.
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Appeal from a judgment of the circuit court for Rock county: B. F. DuNwiddie, Circuit Judge. This is an action originally brought in justice’s court to recover the penalty for failure to discharge a mortgage imposed by section 2256 of the Wisconsin Statutes for 1898. The answer was a general denial. The plaintiff recovered judgment in the justice’s court, and the defendant appealed to the circuit court, where a jury trial was had. The evidence showed that on August 5, 1897, one Emily Buege gave a note for $300 to Simon J. Reisterer, secured by a mortgage on a bouse and lot owned by ber in…
1Opinion of the CourtWiNsnow, J.
This was an action brought to recover the penalty provided by sec. 2256, Stats. 1898, for failure to discharge a mortgage which has been fully paid. Although that section does not provide, in terms, that the failure to discharge must be a wilful or malicious one, it is very evident that it was not enacted to punish honest mistakes. A statute in almost the identical language of our section has been construed many times by the supreme court of Michigan ; and the substance of the decisions in that state is that where there is no intentional wrong in the refusal to discharge, but, rather, a…
2Cases cited4 opinions
- Myer v. HartMichigan Supreme Court · 1879
- Burrows v. BangsMichigan Supreme Court · 1876
- Parkes v. ParkerMichigan Supreme Court · 1885
- Huxford v. EslowMichigan Supreme Court · 1884
3Cited by14 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
- Krom v. Antigo Gas Co.Wisconsin Supreme Court · 1913
- Smith v. ColsonSupreme Court of Oklahoma · 1912
- American Nat. Bank of Oklahoma City v. JordenSupreme Court of Oklahoma · 1926
- Feiges v. Racine Dry Goods Co.Wisconsin Supreme Court · 1939
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