Haywood v. Lincoln Lumber Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Lincoln County. Action to foreclose a mortgage given by tbe Lincoln Lumber Company to Mwrray Haywood and George Haywood, Jr., tbe plaintiffs and appellants, and T. P. Mathews and one George C. Smith. The plaintiffs and Mathews and Smith were, at tbe time tbe mortgage was given, directors of tbe lumber company, Mathews being also tbe president, and George Haywood, Jr., being the secretary and treasurer, of tbe company.
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APPEAL from tbe Circuit Court for Lincoln County. Action to foreclose a mortgage given by tbe Lincoln Lumber Company to Mwrray Haywood and George Haywood, Jr., tbe plaintiffs and appellants, and T. P. Mathews and one George C. Smith. The plaintiffs and Mathews and Smith were, at tbe time tbe mortgage was given, directors of tbe lumber company, Mathews being also tbe president, and George Haywood, Jr., being the secretary and treasurer, of tbe company. Before tbe commencement of tbe action Smith sold and transferred his interest in tbe mortgage to Murray Haywood. Mathews, refusing to join as…
1Opinion of the CourtOetoN, J.
This is an action brought by the appellants to foreclose a mortgage given by the defendant lumber company, by its president and secretary, to the said appellants and the defendant T. P. Mathews and one George O. Smith, on the 4th day of February, 1884, on all of the real property of said corporation, to secure a bond in the penal sum of $100,000, given at the same time by said company to said mortgagees, conditioned to pay them certain indebtedness of the company past due them, respectively, in the *643aggregate of over $50,000. The interest in said mortgage of said George C. Smith was assigned…
2Cases cited8 opinions
- Koehler v. Black River Falls Iron Co.Supreme Court of the United States · 1863
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Drury v. CrossSupreme Court of the United States · 1869
- Scott v. DepeysterNew York Court of Chancery · 1832
- European & North American Railway Co. v. PoorSupreme Judicial Court of Maine · 1871
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3Cited by57 opinions
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- Beach v. MillerIllinois Supreme Court · 1889
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- McDougall v. Huntingdon & Broad Top R. & C. Co.Supreme Court of Pennsylvania · 1928
- Wyman v. BowmanCourt of Appeals for the Eighth Circuit · 1904
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