Security Trust & Life Insurance v. Ellsworth
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Tbis action was brought for the foreclosure of a mortgage on lands in Kenosha county, Wisconsin, given by the defendants to the plaintiff company to secure the payment of $15,000 as evidenced by a promissory note dated December 22, 1903, payable one year after date with interest.
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Appeal from a judgment of the circuit court for Kenosha county: E. B. BeldeN, Circuit Judge. Tbis action was brought for the foreclosure of a mortgage on lands in Kenosha county, Wisconsin, given by the defendants to the plaintiff company to secure the payment of $15,000 as evidenced by a promissory note dated December 22, 1903, payable one year after date with interest. On January 6, 1903, plaintiff, a life insurance company, made a contract in writing appointing the defendant Henry Ells-worth and his minor son Huber Hurd Ellsworth its general •agent, located at Ohicago, over certain…
1Opinion of the CourtKjgbwiN, J.
1. Tbe material facts are substantially undisputed, and tbe questions involved upon tbis appeal are mainly questions of law. Tbe appellants contend that the note, mortgage, and other papers referred to in tbe statement of facts were all contemporaneous agreements between tbe same parties and in relation to tbe same subject matter, therefore should be taken together and considered as one instrument for tbe purpose of determining tbe character of tbe transaction and the intention of tbe makers; that tbe provision in tbe contract delivered with tbe note and mortgage, that “the said note shall be…
2Cases cited17 opinions
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- King v. . LeightonNew York Court of Appeals · 1885
- Herbst v. LoweWisconsin Supreme Court · 1886
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3Cited by7 opinions
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- Seaman v. McNamaraWisconsin Supreme Court · 1923
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