Hunter v. Bosworth
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. In April, 1874, plaintiff sold a stock of goods in Ripon, Wis., to the defendant Frederick P. Hanchett; and the latter, to secure payment of part of the purchase price, gave plaintiff his three promissory notes of the same date: the first for $1,200, payable in one year; the second for $1,000, payable in two years; the third for $1,000, payable in three years; all with interest at ten per cent., payable annually.
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APPEAL from the Circuit Court for Milwaukee County. In April, 1874, plaintiff sold a stock of goods in Ripon, Wis., to the defendant Frederick P. Hanchett; and the latter, to secure payment of part of the purchase price, gave plaintiff his three promissory notes of the same date: the first for $1,200, payable in one year; the second for $1,000, payable in two years; the third for $1,000, payable in three years; all with interest at ten per cent., payable annually. To secure these notes, he gave plaintiff a mortgage of said stock, with power of sale upon default. Following the description of…
1Opinion of the Court
The following decision was rendered on the 28 th of February, 1878:
Ryan, C. J.
The appellants were undoubtedly entitled to their appeal, whatever its effect upon their codefendants. And, prima faeie at least, the plaintiff below is the adverse party of the statute, respondent here. It is true that there is an adverse interest in the codefendants of the appellants, who are not nominally parties to the appeal. So it was in N. W. Ins. Co. v. Park H. Co., 37 Wis., 125, where we pointed out the difficulty. We cannot amend the statute to meet such a case as that or this. We can only administer it as…
2Cases cited9 opinions
- Van Horne v. FondaNew York Court of Chancery · 1821
- Rothwell v. DeweesSupreme Court of the United States · 1863
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
- Page v. WebsterMichigan Supreme Court · 1860
- Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
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3Cited by24 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Grand Forks National Bank v. Minneapolis & Northern Elevator Co.Supreme Court Of The Territory Of Dakota · 1889
- Stein v. BenedictWisconsin Supreme Court · 1892
- Allen v. AllenWisconsin Supreme Court · 1902
- Weisel v. SpenceWisconsin Supreme Court · 1884
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