Bryden v. Cairncross
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Wauke-sha county: MabtiN L. Lueoic, Circuit Judge. . On August 2, 1892, the defendant Qeorge A. Cairncross executed and delivered his promissory note to Samuel E. Dale, whereby he agreed to pay said Dale $2,500 with interest at six per cent, three years after date.
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Appeal from a judgment of tbe circuit court for Wauke-sha county: MabtiN L. Lueoic, Circuit Judge. . On August 2, 1892, the defendant Qeorge A. Cairncross executed and delivered his promissory note to Samuel E. Dale, whereby he agreed to pay said Dale $2,500 with interest at six per cent, three years after date. To secure the payment of this note said Ceorge A. Cairncross and Jean B. Cairncross, his wife, executed a mortgage on certain real estate, part of which constituted the homestead of said defendants. Thereafter Dale duly assigned the note and mortgage to one Minnie L. Davis, who in…
1Opinion of the CourtBahNes, J.
The appellants insist that the court erred (1) in not compelling the plaintiff to exhaust his remedy against Agnew on the note, and thereby save the appellants from paying more than $1,600 and interest on the mortgage debt; (2) in not compelling the plaintiff to exhaust such remedy to save the homestead of the appellants; and (3) in not compelling the plaintiff to exhaust such remedy to save the property of Jean B. Cairncross and not compel her to pay her husband’s debts.
1. Cairncross indorsed the Agnew note and waived demand and notice of nonpayment thereof and then delivered it to the…
2Cases cited10 opinions
- Fanning v. MurphyWisconsin Supreme Court · 1906
- Day v. ElmoreWisconsin Supreme Court · 1856
- Union National Bank v. RobertsWisconsin Supreme Court · 1878
- C. Gotzian & Co. v. ShakmanWisconsin Supreme Court · 1894
- Loverin & Browne Co. v. TravisWisconsin Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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