Bean v. Fisher
Wisconsin Supreme Court
APPEAL from the Circuit Court for Rode County. In April, 1856, Bean made a contract to convey to Fisher and Goodhue certain land in Beloit, upon the payment of $14,000 in three months. Fisher and Goodhue acted under the direction of the Bacine & Mississippi Bailroad Company in making the purchase, and immediately assigned the contract to that company.
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APPEAL from the Circuit Court for Rode County. In April, 1856, Bean made a contract to convey to Fisher and Goodhue certain land in Beloit, upon the payment of $14,000 in three months. Fisher and Goodhue acted under the direction of the Bacine & Mississippi Bailroad Company in making the purchase, and immediately assigned the contract to that company. The present action -was brought by Bean on the 2d of September, 1858, against Fisher, Goodhue, the JR. & M. Railroad Company, and one Washburn, to compel the payment of an unpaid balance of the purchase money, or upon default of payment, to…
1Opinion of the Court
By the Court,
Cole, J.
We do not feel called upon to decide in this case the question whether, the Racine and Mississippi Railroad Company could make in 1855 a valid mortgage of its property and franchises to the Farmers' Loan & Trust Company. Because if we assume that the railroad company had the power to make such a mortgage, still it seems to us that the order of the circuit court setting aside the judgment which was entered on the 28th day of December, 1859, and permitting the Loan and Trust Company to come in and defend in the action to foreclose the contract *62given by tbe respondent to…
2Cited by3 opinions
- Gray v. GatesWisconsin Supreme Court · 1875
- Weston v. WestonWisconsin Supreme Court · 1879
- Farmers' Loan & Trust Co. v. FisherWisconsin Supreme Court · 1863