Spycher v. Werner
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. The case is sufficiently stated in the opinion. The defendant Dora F. Werner appeals from a judgment in favor of the plaintiff. They contended, inter alia, that the facts stated in the answer show that there was a perfect contract of novation between the plaintiff, Fred. H. Werner, and the appellant, whereby the appellant was substituted as plaintiff’s debtor and Fred. II. Werner was discharged.
Read the full summary
APPEAL from the Superior Court of Milwaukee County. The case is sufficiently stated in the opinion. The defendant Dora F. Werner appeals from a judgment in favor of the plaintiff. They contended, inter alia, that the facts stated in the answer show that there was a perfect contract of novation between the plaintiff, Fred. H. Werner, and the appellant, whereby the appellant was substituted as plaintiff’s debtor and Fred. II. Werner was discharged. Lynch v. Austin, 51 Wis. 287-9; Gotterill v. Stevens, 10 id. 422; Cook v. Barrett, 15 id. 596; Iloile v. Bailey, 58 id. 434; York v. Orton, 65 id.…
1Opinion of the CourtOetoN, J.
This action was brought to foreclose a mortgage given by the defendant Frederick H. Werner to the plaintiff, to secure a note for $700, and interest, given at the same time by said mortgagor to said mortgagee. The said Frederick H. Werner made default; but the said appellant, Dora F. Werner, an infant under the age of twenty-one years, appeared by guardian ad litem, and answered substantially as follows: “ That the defendant Frederick was indebted to her in the sum of $1,000, and that in consideration thereof he conveyed the mortgaged premises to her, after said note and mortgage were given,…
2Cases cited3 opinions
- Clark v. BillingsIndiana Supreme Court · 1877
- Hosack v. RogersNew York Court of Chancery · 1840
- Guichard v. BrandeWisconsin Supreme Court · 1883
3Cited by5 opinions
- Bohn Manufacturing Co. v. ReifWisconsin Supreme Court · 1903
- State Medical Society of Wisconsin v. Associated Hospital Service, Inc.Wisconsin Supreme Court · 1964
- Bank of Antigo v. RyanWisconsin Supreme Court · 1899
- North Avenue Building v. HuberAppellate Court of Illinois · 1914
- Mulvane v. SedgleySupreme Court of Kansas · 1901