Kelley v. Whitney
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown County. Tbe case is thus stated by Mr. Justice Cole: This was an action to foreclose a mortgage originally given upon lot number 30, and tbe south 34 feet of lot number 29, in Fort Howard.
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APPEAL from tbe Circuit Court for Brown County. Tbe case is thus stated by Mr. Justice Cole: This was an action to foreclose a mortgage originally given upon lot number 30, and tbe south 34 feet of lot number 29, in Fort Howard. The mortgage was executed by Bridget Whitney and Edwin Whitney to Joel S. Fisk on tbe 2otb of February, 1873, to secure tbe payment of a promissory note of tbat date given by the mortgagors to Fisk or order, for $233.03 in six years from date, with interest payable annually thereon at tbe rate of ten per cent, per annum. J. S. Curtis, for a valuable consideration,…
1Opinion of the CourtCole, J.
Can the plaintiff, under the circumstances, claim *115the protection which the law affords a iona fide purchaser of commercial paper for value, before maturity? The learned circuit court, in obedience to the decision of this court in Hart v. Stickney, 41 Wis., 630, decided that the plaintiff took the note and mortgage as dishonored and subject to equities, because installments of interest were due and unpaid when they were transferred. If there is error in this ruling of the court below — as we are well satisfied there is,— it is an error for which this court, and not the circuit court, should be…
2Cases cited6 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1878
- National Bank of North America v. KirbyMassachusetts Supreme Judicial Court · 1871
- Stevenson v. O'NealIllinois Supreme Court · 1874
- Howry v. EppingerMichigan Supreme Court · 1876
- Hart v. StickneyWisconsin Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Taylor v. American National BankSupreme Court of Florida · 1912
- McPherrin v. TittleSupreme Court of Oklahoma · 1913
- Patterson v. WrightWisconsin Supreme Court · 1885
29 more not listed; retrieve them via the Exa API.