Legal Opinion

Northwestern Mutual Life Insurance v. Irish

Wisconsin Supreme Court

Decided August 15, 1875PublishedCited by 5 opinions

APPEAL from the Circuit Court for Bane County. The plaintiff moved the court for an affirmance of the judgment of the circuit court in this cause, with damages and costs.

1Opinion of the CourtRyan, C. J.

The appellant, having avowedly abandoned his appeal, and for that reason failed to comply with the rules, concedes that we must give judgment of affirmance.

The respondent thereupon insists that, because the appeal has operated, during its pendency, to reduce the accruing interest on the mortgage debt from ten to seven per cent., by delaying sale of. the mortgaged premises, we should award damages at the rate of ten per centum per annum against the appellant., Similar consequences as those complained of in this case may frequently arise from appeals taken in good faith. But it is only when it…

2Cases cited2 opinions

  1. Morse v. Buffalo Fire & Marine InsuranceWisconsin Supreme Court · 1872
  2. Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875

3Cited by5 opinions

  1. Dzialynski v. Bank of JacksonvilleSupreme Court of Florida · 1887
  2. Jensen v. Board of Supervisors of Polk CountyWisconsin Supreme Court · 1879
  3. Ossowski v. WiesnerWisconsin Supreme Court · 1898
  4. Loucheine v. StrouseWisconsin Supreme Court · 1879
  5. Northwestern Mutual Life Insurance v. StarkweatherWisconsin Supreme Court · 1876

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