Legal Opinion

Palmeter v. Carey

Wisconsin Supreme Court

Decided June 1, 1885PublishedCited by 20 opinions

APPEAL from the Oiicuit Court for Oreen lake County. On January 30, 1813, the defendant Horace Meriam executed to the plaintiff’s intestate his promissory note of that date for $1,000, due one year after date, with ten per cent, interest. To secure the payment of such note, Meriam and his wife executed to the payee their mortgage of the same date on certain real estate in the city of Berlin.

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APPEAL from the Oiicuit Court for Oreen lake County. On January 30, 1813, the defendant Horace Meriam executed to the plaintiff’s intestate his promissory note of that date for $1,000, due one year after date, with ten per cent, interest. To secure the payment of such note, Meriam and his wife executed to the payee their mortgage of the same date on certain real estate in the city of Berlin. The consideration of said mortgage was stated therein to be “ one thousand,” — the word dollars being omitted therefrom. There ivas a like omission of the same word in the description of the note which…

1Opinion of the Court

The following opinion was filed December 16, 1884:

Ivon, J.

1. It may be stated at the outset that although there is conflict in the testimony upon some of the propositions of fact litigated on the trial, we think.the testimony is sufficient to sustain all of the findings. In respect to the matters contained in the seventh finding, quoted in the above statement of the case, they are fully supported by the testimony of the defendant Horace Meriam, and are controverted only by the testimony of the appellant. The circuit judge believed the testimony of Meriam, and predicated the finding upon it.…

2Cases cited5 opinions

  1. Bishop v. DouglassWisconsin Supreme Court · 1870
  2. Boardman v. LarrabeeSupreme Court of Connecticut · 1883
  3. Welp v. GuntherWisconsin Supreme Court · 1880
  4. Boynton v. SissonWisconsin Supreme Court · 1882
  5. Fond du Lac Harrow Co. v. HaskinsWisconsin Supreme Court · 1881

3Cited by20 opinions

  1. Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
  2. Musgrove v. StateCourt of Criminal Appeals of Alabama · 1986
  3. Bank Mutual v. S.J. Boyer Construction, Inc.Wisconsin Supreme Court · 2010
  4. Enos v. SangerWisconsin Supreme Court · 1897
  5. Lenz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901

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