Thorp v. Mindeman
Wisconsin Supreme Court
. Appeal from a judgment and order of the circuit court for Milwaukee county: Laweehce W. Halsey, Circuit Judge. This is an action to foreclose a note and mortgage given by the defendants Mindeman and wife to one Henry Herman, the defense bejng an entire want of consideration.
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. Appeal from a judgment and order of the circuit court for Milwaukee county: Laweehce W. Halsey, Circuit Judge. This is an action to foreclose a note and mortgage given by the defendants Mindeman and wife to one Henry Herman, the defense bejng an entire want of consideration. The note was a promissory note for $6,500, dated December 11, 1900, payable tki’ee years after date, with interest at five per cent, per annum, semiannually, and contained the following provisions inserted before the signature: “The payment of this note is secured by a mortgage of even date herewith on real estate. If…
1Opinion of the Court
| WiNsnow, J.
The ’ important question in this case is whether the note in suit is negotiable. The appellants argue *153that the note and mortgage must be construed together as one •contract; that, so construed, the note'requires the performance of other acts besides the payment of money, and is rendered uncertain both as to' amount and time of payment, and hence is nonnegotiable. The general riile1 that agreements •contemporaneously executed and pertaining to the same subject matter are to be construed together is so familiar and so frequently acted upon that it needs only to -be stated. The…
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