Legal Opinion

Goll v. Fehr

Wisconsin Supreme Court

Decided March 19, 1907PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to set aside a mortgage.

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Appeal from a judgment of the circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to set aside a mortgage. The issues made by the pleadings may be readily seen by the following statement of the court’s conclusions as to facts: 1. April 28, 1905, Ernst W. Goll, husband of the plaintiff, was indebted to the defendant hank in the sum of $3,000 and interest upon his promissory note of March 15, 1905, payable June 13, 1905, signed by him in his trade name of Sundell & Goll, and indorsed for his accommodation by Henry G. Goll. 2. About April 27, 1905, said bank notified Ernst W.…

1Opinion of the CourtMarshall, J.

Some exceptions were taken to the findings of fact and are presented for consideration. Such findings have been tested by the evidence, resulting in our being unable to hold that they are against the clear preponderance of such evidence and, therefore, they must stand as verities in the case.

No reason is perceived why it was not competent for appellant’s husband to make a note, valid as to him, to Fehr, acting for the bank, payable in one year after its date, the same to be turned over to the bank as collateral to Ernst W. Goll’s note held by the bank, in consideration of payment of the…

2Cases cited10 opinions

  1. Fanning v. MurphyWisconsin Supreme Court · 1906
  2. Loizeaux v. FremderWisconsin Supreme Court · 1904
  3. Gaynor v. BlewettWisconsin Supreme Court · 1893
  4. Heath v. Van CottWisconsin Supreme Court · 1859
  5. Mueller v. WieseWisconsin Supreme Court · 1897

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3Cited by1 opinion

  1. Maryland Casualty Co. v. HjorthWisconsin Supreme Court · 1925

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