Wisconsin National Loan & Building Ass'n v. Pride
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to foreclose mortgage executed jointly by the appellant and Charles A. Pride, her husband, upon real estate in Milwaukee owned by them jointly.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. Action to foreclose mortgage executed jointly by the appellant and Charles A. Pride, her husband, upon real estate in Milwaukee owned by them jointly. The complaint alleges default in payments of interest and instalments upon the stock in the plaintiff corporation, which were conditioned to he paid in the bond and mortgage, the accrual under the by-laws of fines to the amount of $5-5 at the time the action was commenced and at the rate of five cents per share per month on each instalment then and…
1Opinion of the CourtDodge, J.
1. The first assignment of error is absence of evidence to support the finding of a liability secured by the mortgage for $119.25 of fines, or of any sum, for the reason that no proof was made of by-laws authorizing such fines, nor of any corporate action imposing them. The complaint alleges that the fines imposed in accordance with the by-laws amounted at the time of the commencement of the action to $55.65, and that further fines would accrue at the rate of five cents per share per month on each instalment, and a witness testified that, so computed, the amount at the date of the findings…
2Cases cited8 opinions
- Gaynor v. BlewettWisconsin Supreme Court · 1893
- Witter v. NeevesWisconsin Supreme Court · 1891
- Zwickey v. HaneyWisconsin Supreme Court · 1885
- Marling v. MaynardWisconsin Supreme Court · 1906
- Pereles v. LeiserWisconsin Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Klaus v. Vander HeydenWisconsin Supreme Court · 1982
- Peters v. BossmannWisconsin Supreme Court · 1923
- Doolittle v. KellerWisconsin Supreme Court · 1924