Legal Opinion

Ready v. Sommer

Wisconsin Supreme Court

Decided January 15, 1875PublishedCited by 3 opinions

APPEAL from tbe Circuit Court for Manitowoc County. Action for foreclosure of a mortgage, alleged to have become due May 6, 1878. Tbe answer alleges that on the 18th of April, 1878, the plaintiff for a valuable consideration duly extended the time of payment of. the note and .mortgage unti-l May 5, 1874, and that the action was commenced April 29, 1874. On the trial the defendant offered in evidence a receipt signed by the plaintiff, as follows: “ Received this 18th day of…

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APPEAL from tbe Circuit Court for Manitowoc County. Action for foreclosure of a mortgage, alleged to have become due May 6, 1878. Tbe answer alleges that on the 18th of April, 1878, the plaintiff for a valuable consideration duly extended the time of payment of. the note and .mortgage unti-l May 5, 1874, and that the action was commenced April 29, 1874. On the trial the defendant offered in evidence a receipt signed by the plaintiff, as follows: “ Received this 18th day of April, 1873, of H. R. Sommer, Esq., of Manitowoc, Wisconsin, the sum of two hundred dollars interest money, the same…

1Opinion of the Court

Ryan, O. J.

The court below should perhaps, on the motion of the respondent, have required the appellants to make their answer more definite and certain. But the respondent, not having made such a motion, could not properly object on trial to evidence establishing the extension of the time of payment pleaded' in the answer.

The mortgage in suit matured May 6, 1873. -In the month previous, nothing being yet due for principal or interest, the appellant paid the interest on this and another mortgage, the respondent giving a written receipt extending the time for payment of both mortgages. The…

2Cases cited4 opinions

  1. Hale v. ParmleyTennessee Supreme Court · 1850
  2. Kellogg v. . OlmstedNew York Court of Appeals · 1862
  3. Winterfield v. StaussWisconsin Supreme Court · 1869
  4. Frey v. VanderhoofWisconsin Supreme Court · 1862

3Cited by3 opinions

  1. Fanning v. MurphyWisconsin Supreme Court · 1906
  2. Union National Bank of Chicago v. CrossWisconsin Supreme Court · 1898
  3. Welch v. KukukWisconsin Supreme Court · 1906

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