Sigerson v. Cushing
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The complaint in this action alleges the following facts: On the 21st of June, 1854, the plaintiff entered into an agreement in writing with one Bartlett, as solicitor and agent of the defendant, by which it was agreed that the defendant should advance to the plaintiff, within sixty days from that date, $7500 as a loan for two years, and that the plaintiff should give as ■ security for such loan, a mortgage on property in…
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APPEAL from the Circuit Court for La Fayette County. The complaint in this action alleges the following facts: On the 21st of June, 1854, the plaintiff entered into an agreement in writing with one Bartlett, as solicitor and agent of the defendant, by which it was agreed that the defendant should advance to the plaintiff, within sixty days from that date, $7500 as a loan for two years, and that the plaintiff should give as ■ security for such loan, a mortgage on property in the state of Missouri, unincumbered, and valued at double the amount of said loan, and a transfer of a judgment…
1Opinion of the Court
By the Court,
PAINE, J.
Tbe merits of this case depend entirely on tbe question whether tbe circuit court Was right or not, in bolding that tbe use made by Gushing of tbe judgment assigned to him by tbe plaintiff, was consistent with tbe intention of tbe parties in making tbe agreement by which it was transferred. For if it was, then it is obvious that tbe plaintiff’s only right would be that which be reserved in bis contract, tbe option of considering bis loan paid by tbe judgment, or of repaying it and taking tbe amount of tbe judgment in the stock of tbe St. Croix Falls Company.
In…
2Cited by14 opinions
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- Miley v. HeaneyWisconsin Supreme Court · 1918
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