Murphy v. Dunning
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. Action for the foreclosure of a mortgage, instituted originally in "Walworth county, and removed by stipulation to Eacine county, where the trial was had.
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APPEAL from the Circuit Court for Racine County. Action for the foreclosure of a mortgage, instituted originally in "Walworth county, and removed by stipulation to Eacine county, where the trial was had. The complaint was upon a mortgage executed by the defendants Dunning to the EoxEiver Yalley Eailroad Company, on the 5th day of June, 1854, to secure the payment of a note of fifteen hundred dollars, of the same date, due ten years thereafter, said note being given in subscription to the capital stock of said railway. The complaint also alleged that before the maturity of said note and…
1Opinion of the CourtDixon, C. J.
Tbe point that no authority was shown from *299tbe board of directors to tbe president and secretary of tbe railroad company to transfer tbe note and mortgage, came np by way of objection to tbe introduction of tbe bond of assignment and transfer, wben offered in evidence by tbe plaintiffs. It is urged, that a resolution of tbe board of directors, or some other competent authority from them to tbe president and secretary to mate tbe assignment of tbe note and mortgage, should have been shown, before tbe instrument was admissible in evidence. Assuming that such authority was necessary, and that…
2Cases cited4 opinions
- McClellan v. SanfordWisconsin Supreme Court · 1870
- Crosby v. RoubWisconsin Supreme Court · 1863
- Kent v. LasleyWisconsin Supreme Court · 1869
- Bange v. FlintWisconsin Supreme Court · 1870
3Cited by14 opinions
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Schriber v. LeClairWisconsin Supreme Court · 1886
- Ely v. DailyWisconsin Supreme Court · 1876
- Implement Credit Corp. v. ElsingerWisconsin Supreme Court · 1954
- Ingles v. PattersonWisconsin Supreme Court · 1874
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