Maldaner v. Smith
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Dodge county: Jakes J. Dige, Circuit Judge. Action to foreclose a mortgage given to secure tbe payment of a note of $2,000 and tbe interest tbereon. Defendant George W. Smith was tbe mortgagor and W. T. Rambuscb tbe payee.
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Appeal from a judgment of tbe circuit court for Dodge county: Jakes J. Dige, Circuit Judge. Action to foreclose a mortgage given to secure tbe payment of a note of $2,000 and tbe interest tbereon. Defendant George W. Smith was tbe mortgagor and W. T. Rambuscb tbe payee. Plaintiff becamé tbe owner of tbe note and mortgage for value before, maturity, the title having been duly transferred by indorsement of the note and delivery of tbe same, with a proper assignment of the mortgage. The property passed first to Henry Maldaner. He subsequently died, and his executors transferred the property to…
1Opinion of the CourtMarshall, J.
The most important question for consideration on this appeal is, Did the court err in finding that the words “ or order ” were interlined in the note after its delivery to Rambusch, and without the knowledge or consent of the maker ? That being a question of fact, the determination of it by the trial court cannot be disturbed unless contrary to the clear preponderance of the evidence; but in reaching a conclusion, some rules which are well settled *34must be taken into consideration. Erst, is the rule that he who alleges fraud must establish it by clear and satisfactory evidence. Only reasonable…
2Cases cited20 opinions
- Wilson v. HayesSupreme Court of Minnesota · 1889
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- Ess v. GriffithSupreme Court of Missouri · 1897
- Williams v. StarrWisconsin Supreme Court · 1856
15 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Balch v. BeachWisconsin Supreme Court · 1903
- Pink v. DempseyAppellate Court of Illinois · 1953
30 more not listed; retrieve them via the Exa API.