Legal Opinion

Hahn v. Doolittle

Wisconsin Supreme Court

Decided January 15, 1864PublishedCited by 19 opinions

APPEAL from, tbe Circuit Court for Jefferson County. The cause of action stated in the complaint herein will sufficiently appear from the opinion of this court. A demurrer to the complaint was sustained by the circuit court; and from this decision the plaintiff appealed. The contract of sale of the note .and mortgage “was consummated by writing,” and “ the presumption is that the writing contains the whole contract.”

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APPEAL from, tbe Circuit Court for Jefferson County. The cause of action stated in the complaint herein will sufficiently appear from the opinion of this court. A demurrer to the complaint was sustained by the circuit court; and from this decision the plaintiff appealed. The contract of sale of the note .and mortgage “was consummated by writing,” and “ the presumption is that the writing contains the whole contract.” Van Nostrand v. Reed, 1 Wend., 432. It does not anywhere appear in the case whether the assignment contains any warranty or any limitation of the defendant’s liability, or what…

1Opinion of the Court

By the Court,

PAINE, J.

This action was brought to recover the consideration paid for a note and mortgage sold by the defendant to the plaintiff. It is alleged that both parties knew the note to be worthless save as secured by the mortgage, and that the defendant, at the time of the sale, represented the mortgage to be a good and valid security for the note, and that the plaintiff believed this, but that in fact the mortgagor had no title to the land described, so that both note and mortgage were worthless.

Ve think this shows a cause of action. The rule is that a representation made by the…

2Cases cited4 opinions

  1. Creamer v. StephensonCourt of Appeals of Maryland · 1860
  2. Frey v. VanderhoofWisconsin Supreme Court · 1862
  3. Smith v. JusticeWisconsin Supreme Court · 1861
  4. Filkins v. WhylandNew York Supreme Court · 1856

3Cited by19 opinions

  1. Hubbard v. MarshallWisconsin Supreme Court · 1880
  2. Smith v. ColemanWisconsin Supreme Court · 1890
  3. Green v. BatsonWisconsin Supreme Court · 1888
  4. Kruse v. KoelzerWisconsin Supreme Court · 1905
  5. Papenthien v. CoerperWisconsin Supreme Court · 1924

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