Legal Opinion

Lumbermen's National Bank of Menominee v. Corrigan

Wisconsin Supreme Court

Decided March 5, 1918PublishedCited by 14 opinions

Appeal from a judgment of tbe circuit court' for Winnebago county: Geo. W. BubNell, Circuit Judge. Mortgage foreclosure. The original complaint was in the usual form and the action was originally brought against the mortgagor and his grantee alone. By order of the court the insurance companies who are appellants were made defendants. There is no bill of exceptions.

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Appeal from a judgment of tbe circuit court' for Winnebago county: Geo. W. BubNell, Circuit Judge. Mortgage foreclosure. The original complaint was in the usual form and the action was originally brought against the mortgagor and his grantee alone. By order of the court the insurance companies who are appellants were made defendants. There is no bill of exceptions. The facts are that the plaintiff owns a note of $2,400 given by the defendant John E. Corrigan March 16, 1911, to one Harmon, secured by mortgage (being the mortgage now under foreclosure) upon certain lots in Neenah. On the same…

1Opinion of the Court

WiNsnow, O. J.

It is not deemed necessary to take up the contentions urged by the appellants in detail; they will be sufficiently answered by the statement of some general propositions.

We regard this as a typical case where justice demands the settling in one action of a number of conflicting claims, all very closely connected. The situation was this: The original mortgagor (Corrigan) had deeded the mortgaged premises to Selin, who had agreed to pay the mortgage; thus, as between Corrigan and Selin, Selin became the principal debtor and Corrigan a surety. Both Corrigan and Selin insured the…

2Cases cited4 opinions

  1. Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
  2. McArthur v. MoffetWisconsin Supreme Court · 1910
  3. Williams v. Roger Williams InsuranceMassachusetts Supreme Judicial Court · 1871
  4. Hemenway v. BeecherWisconsin Supreme Court · 1909

3Cited by14 opinions

  1. Trible v. Tower InsuranceWisconsin Supreme Court · 1969
  2. A. I. D. Insurance Services v. RileyCourt of Appeals of Arizona · 1975
  3. Reid v. Hardware Mutual Insurance Insurance Co. of the Carolinas, Inc.Supreme Court of South Carolina · 1969
  4. Lichtstern v. ForehandWisconsin Supreme Court · 1923
  5. Logue v. DucheneSupreme Court of Minnesota · 1932

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