Schrœder v. Laubenheimer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. The caséis thus stated by Mr. Justice TayloR: “ This action was brought to foreclose a mortgage for the non-payment of an installment of interest.
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APPEAL from the Circuit Court for Washington County. The caséis thus stated by Mr. Justice TayloR: “ This action was brought to foreclose a mortgage for the non-payment of an installment of interest. The defendant did not deny by his answer that the interest was due and unpaid, but alleged as an excuse for not paying the same, that he could not ascertain who was the owner and holder of the note and mortgage at the time the same became due; that the mortgage had been assigned, and the name and residence of the assignee had been purposely kept a secret, so as to prevent his paying the interest,…
1Opinion of the CourtTaylor, J.
It does not appear that the appellant made any motion in the court below to have the action dismissed upon his paying the interest due, without costs against him, nor that he made such motion for a dismissal upon payment of the interest, together with such costs as the court might in its discretion, under all the circumstances, award against him; nor does it appear that he offered to prove the allegations of his answer for the purpose of basing thereon a motion to dismiss the action without costs upon the payment of the past-due interest. On the other hand, it appears that the appellant…
2Cases cited3 opinions
- Noyes v. ClarkNew York Court of Chancery · 1838
- Townsend v. SmithWisconsin Supreme Court · 1879
- Ward v. Van BokkelenNew York Court of Chancery · 1830
3Cited by3 opinions
- Harding's Admr. v. Harding's Exr.Court of Appeals of Kentucky · 1910
- Miller v. KeownCourt of Appeals of Kentucky · 1917
- Saveland v. ConnorsWisconsin Supreme Court · 1904