Hecht v. Shenners
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action to foreclose a mortgage for $300, which, together with a mortgage note, were executed by the defendant Shen-ners and wife.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. Action to foreclose a mortgage for $300, which, together with a mortgage note, were executed by the defendant Shen-ners and wife. The note was in the same form as that in Thorp v. Mindeman, 123 Wis. 149, 101 N. W. 411, and contained the following closing paragraph: “If default shall he made in the payment of interest ot in •case of failure to comply with any of the conditions or agreements of the mortgage collateral hereto, then the whole amount of the principal shall at the option of the mortgagee or his…
1Opinion of the CourtDodge, J.
We find ourselves unable to agree with the-trial court that the evidence is not sufficient to justify a finding that the note in suit was altered after its execution and delivery by the striking out of the words mentioned in the-statement of facts. Of course, we recognize the rule, to which the trial court doubtless deferred, that such a fact must be-proved clearly and beyond reasonable controversy, but in this, case the evidence is .all one way and, if believed, is conclusive. The striking out of the words mentioned was accomplished by a broad red ink line drawn through them, erasing most…
2Cases cited7 opinions
- Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Julien v. Model Building, Loan & Investment Ass'nWisconsin Supreme Court · 1902
- Basse v. GalleggerWisconsin Supreme Court · 1859
- Marine Bank v. International BankWisconsin Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Morley-Murphy Co. v. Van VreedeWisconsin Supreme Court · 1936
- Mertz v. FlemingWisconsin Supreme Court · 1924
- Dille v. LongwellSupreme Court of Iowa · 1924
- Will of DennettWisconsin Supreme Court · 1928
- Grootemaat v. BertrandWisconsin Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.