Mowry v. Mosher
Wisconsin Supreme Court
APPEAL from tbe Circuit Court of Racine County. The facts in this case are sufficiently stated in the opinion of the court.
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APPEAL from tbe Circuit Court of Racine County. The facts in this case are sufficiently stated in the opinion of the court. Judgment was rendered in the circuit court for the plaintiff, and Mosher appealed. contended among other things, that the contract for an extension at a reduced rate was performed on the part of Mosher ; that the time of paying the interest was not of the essence of the contract; that there was no consideration for Mosher’s agreement in 1860 to pay twelve per cent, interest; that said agreement was void for usury under chap. 160, laws of 1859, as amended by chap. 202,…
1Opinion of the Court
By the Court,
Dixon, C. J.:
Action to foreclose a mortgage. Trial and finding by the court, and judgment for the plaintiff, from which the defendant Mosher, the mortgagor, appeals. Omitting all immaterial circumstances, the facts are these: The note and mortgage executed at Racine, in April, 1849, to one Norton, for $3,000, due five years from the first of June then next, with interest at twelve per cent., payable annually, subsequently came to the hands of one Gibbs, a resident of *48Washington county, New York, as trustee, who held them at maturity, and afterwards, in June, 1860, transferred…
2Cited by1 opinion
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