Franzen v. Hammond
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown •county: S. D. ITastiNG-s, Circuit Judge. Action to set aside and cancel a mortgage on the ground that the same was tainted with usury and before the commencement of the action plaintiffs duly tendered to the defendant the entire sum to which she was entitled.
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Appeal from a judgment of the circuit court for Brown •county: S. D. ITastiNG-s, Circuit Judge. Action to set aside and cancel a mortgage on the ground that the same was tainted with usury and before the commencement of the action plaintiffs duly tendered to the defendant the entire sum to which she was entitled. The issues were decided thus: April 14, 1905, plaintiffs gave defendant their note secured by mortgage for $190, due one year from date with eight per cent, interest per annum.. April 30, 1906, plaintiffs duly tendered in payment of said note $750 and demanded a satisfaction of the…
1Opinion of the Court
The following opinion was filed JVIay 8, 1908:
MaRSHaxx, J.
We are unable to discover any warrant for disturbing the findings of fact. The only question raised in regard thereto is whether respondent knew her son exacted from the borrower a sum of money in addition to lawful interest for the loan and retained the same as compensation for his services. The direct evidence is to the effect that she had no such knowledge, but the claim is made that from the circumstance of the agent not receiving compensation from *241the lender, a presumption arises that she knew be received sucb from tbe borrower,…
2Cases cited16 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
- Acheson v. ChaseSupreme Court of Minnesota · 1881
- Baldwin v. . DoyingNew York Court of Appeals · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hollingsworth v. American Finance Corp.Wisconsin Supreme Court · 1978
- Phillips v. Dukes (In Re T v. Dukes)United States Bankruptcy Court, E.D. Michigan · 1982
- Brown v. JohnsonUtah Supreme Court · 1913
- Freedman v. KatzMichigan Supreme Court · 1929
- Vaughan v. Peoples Mortgage Co.California Court of Appeal · 1933
4 more not listed; retrieve them via the Exa API.