Gill v. Rice
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wa/wpacca County. This was an action to restrain the assignee of a mortgage (with power of sale), from selling the mortgaged premises, and to have tbe mortgage, and tbe note secured thereby, delivered up and cancelled, on tbe ground tbat tbe note was given for a loan of money at usurious interest, and tbat tbe assignee took tbe note after it was due, and tbat tbe principal sum loaned bad been paid.
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APPEAL from tbe Circuit Court for Wa/wpacca County. This was an action to restrain the assignee of a mortgage (with power of sale), from selling the mortgaged premises, and to have tbe mortgage, and tbe note secured thereby, delivered up and cancelled, on tbe ground tbat tbe note was given for a loan of money at usurious interest, and tbat tbe assignee took tbe note after it was due, and tbat tbe principal sum loaned bad been paid. Tbe defendant denied all knowledge of tbe usury, and denied tbat tbe whole of tbe principal sum loaned bad been paid, but alleged tbat there was due on tbe note…
1Opinion of the Court
By the Court,
DixoN, O. J.
If this were a legal instead of an equitable action, there can be no doubt that we should be *553obliged to reverse tbe judgment and award a new trial for errors occurring in tbe instructions of tbe judge to tbe But as it is a purely equitable proceeding, in wbicb we must review tbe facts as well as the law, and as tbe proofs taken are all reported in tbe bill of exceptions, it must be determined according to tbe law and equity of tbe case as they appear to us from tbe testimony taken. Tbe court below, somewhat irregularly as we think, referred tbe whole issue to tbe…
2Cases cited2 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Barnum v. FitzpatrickWisconsin Supreme Court · 1860
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- Gans v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1877
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Laun v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1907
- Gladwin State Bank v. DowMichigan Supreme Court · 1920
- Munter & Faber v. LinnSupreme Court of Alabama · 1878
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