Kohl v. Beach
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action to require the defendant to satisfy a mortgage.
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Appeal from a judgment of the circuit court for Wood county: Chas. M. Webb, Circuit Judge. Action to require the defendant to satisfy a mortgage. The issues raised by the pleadings were decided by the trial court substantially as follows: On January 4, 1893, Casper Schafer and wife borrowed of defendant $550, agreeing to repay the same in five years, and to pay interest annually at the rate of seven per cent, per annum, and to secure such payment the debtors gave defendant their negotiable promissory note and a real-estate mortgage, which was duly recorded and is set forth in the complaint.…
1Opinion of the CourtMaRshall, J.
The decision in this case is not grounded on any estoppel of defendant by his conduct, and the conduct of others for which he was responsible, to deny the authority of Pulling to receive payment of the mortgage debt; and there is no evidence in the record to sustain any such theory. Whatever was the customary way of conducting the business prior to the making of the loan to Schafer, between defendant and Smith and between Smith and Pulling or the Marshfield Land Company, or the way in which business was conducted between the parties thereafter, it is not *414■claimed, and there is not a word of…
2Cases cited11 opinions
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1895
- Wilson v. CampbellMichigan Supreme Court · 1896
- Murphy v. BarnardMassachusetts Supreme Judicial Court · 1894
- Bartel v. BrownWisconsin Supreme Court · 1899
- Joy v. VanceMichigan Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Marling v. NommensenWisconsin Supreme Court · 1906
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Puffer v. WelchWisconsin Supreme Court · 1911
- Weigell v. GreggWisconsin Supreme Court · 1915
- Bautz v. AdamsWisconsin Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.