Fanning v. Murphy
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas ■county: A. J. Vinje, Circuit Judge. A consolidated action to foreclose a mortgage and obtain a judgment enforcing the personal liability of one claimed to be liable for tbe mortgage indebtedness to tbe plaintiff as a co-promisor upon tbe note secured by tbe mortgage and in tbe mortgage as well.
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Appeal from a judgment of the circuit court for Douglas ■county: A. J. Vinje, Circuit Judge. A consolidated action to foreclose a mortgage and obtain a judgment enforcing the personal liability of one claimed to be liable for tbe mortgage indebtedness to tbe plaintiff as a co-promisor upon tbe note secured by tbe mortgage and in tbe mortgage as well. April 15, 1890, J. T. Murphy, D. 0. Sullivan, M. Mur-pby, and W. B. Fanning mortgaged lands owned by them to tbe Superior & Duluth Loan & Debenture Company to secure •tbe payment, three years after tbe date of such mortgage, of a $5,000 note of…
1Opinion of the Court
The following opinion was filed January 9, 1906:
MARSHALL, J.
There are many decisions of this court as regards the status of one who has for a consideration moving to him from another agreed to pay the latter’s debt to a third person, such third person being a stranger to the transaction, such as the agreement involved here where the grantee of realty assumed and agreed to pay the indebtedness of his grantor or some other party secured upon such property as consideration in whole or in part for the conveyance. The subject was last fully discussed by this court in Tweeddale v. Tweeddale, 116…
2Cases cited53 opinions
- Calvo v. . DaviesNew York Court of Appeals · 1878
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Benson v. PhippsTexas Supreme Court · 1895
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Colgrove v. . TallmanNew York Court of Appeals · 1876
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3Cited by46 opinions
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- Tesch v. Industrial CommissionWisconsin Supreme Court · 1930
- Finkelberg v. Continental Casualty Co.Washington Supreme Court · 1923
- Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
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