Bertschy v. Bank of Sheboygan
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. GilsoN, Circuit Judge. On April 1, 1880, John Bertschy gave the Bernik of She-boxjgcm a bond for $50,000, conditioned for the payment of a large amount of indebtedness then due from him to the bank, and for further advances thereafter to be made.
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Appeal from a judgment of the circuit court for Sheboy-gan county: N. S. GilsoN, Circuit Judge. On April 1, 1880, John Bertschy gave the Bernik of She-boxjgcm a bond for $50,000, conditioned for the payment of a large amount of indebtedness then due from him to the bank, and for further advances thereafter to be made. On the same day the said John Bertschy and his wife, this plaintiff, Katie B. Bertschy, executed a mortgage upon the lands described therein to the said bank to secure the performance of the conditions of said bond, which mortgage was duly recorded January 26, 1882. At the time…
1Opinion of the CourtOassoday, J.
It is contended that by the bill of sale dated February 9, 1881, John Bertschy sold to the defendant about 2,987 bushels of clover seed, then stored with Rosenbaum Bros, in Chicago, which they sold as the property of the defendant for $17,959.78 net, and that John Bertschy’s indebtedness to the bank was thereby paid and extinguished to that amount. It is true that that instrument was in the form of a bill of sale, but no price was therein fixed upon the clover seed. It recited a “ consideration of one dollar and other valuable consideration to” John Bertschy “in hand paid,” but it is manifest…
2Cases cited2 opinions
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