Winkler v. Magdeburg
Wisconsin Supreme Court
Appeals from a judgment of the superior court of Milwaukee county: Geo. E. Sutheblakd, Judge. This was an action for the foreclosure of certain mortgages, and the complaint alleged that the defendant Richter and wife, June 17, 1889, executed a mortgage of lots 6 and 7 in block 37 in the city of Milwaukee, to secure the note of said Richter for $6,000, of which $5,000 and interest remained due, which note and mortgage were held by the plaintiffs.
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Appeals from a judgment of the superior court of Milwaukee county: Geo. E. Sutheblakd, Judge. This was an action for the foreclosure of certain mortgages, and the complaint alleged that the defendant Richter and wife, June 17, 1889, executed a mortgage of lots 6 and 7 in block 37 in the city of Milwaukee, to secure the note of said Richter for $6,000, of which $5,000 and interest remained due, which note and mortgage were held by the plaintiffs. Also, that they, on April 12, 1895, executed a mortgage of lots 5, 6, 7, and 14 in block 37 in the Second ward of the city of Milwaukee, and of the…
1Opinion of the CourtPinney, J.
The main question is as to the proper construction of the $4,000 note. What is the meaning of the provision therein “ if recourse is had to the collaterals,” and was such recourse had by the plaintiffs in this case ? The note gave the pledgee or holder thereof conditional authority to sell the shares of stock, or any part thereof, but depending on the previous maturity of the $4,000 note, or at any time thereafter, in the event of the securities depreciating in value in the opinion of the holder, at public or private sale at his discretion, without advertising the same or demanding payment or…
2Cases cited1 opinion
- Schreiber v. CareyWisconsin Supreme Court · 1880
3Cited by10 opinions
- People Ex Rel. Baker v. MacKCalifornia Court of Appeal · 1971
- Nusbaum v. ShaperoMichigan Supreme Court · 1930
- Newman v. Van NortwickWashington Supreme Court · 1917
- Banaszak v. BanaszakCourt of Appeals of Wisconsin · 1986
- Bryden v. CairncrossWisconsin Supreme Court · 1911
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