Strong v. Hooe
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action to foreclose a mortgage of real property executed by Jfmilie B. Hooe to secure the following note: “ $2,350. Miheeal Point, "Wis., July 29, 1872. “ For value received, I promise to pay J. M. Lockwood, or order, two thousand three hundred and fifty dollars, with interest at the rate of seven per centum per annum from this date, at the times following, to wit.: one hundred dollars on the first day of August, 1872; and…
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APPEAL from the Circuit Court for Iowa County. Action to foreclose a mortgage of real property executed by Jfmilie B. Hooe to secure the following note: “ $2,350. Miheeal Point, "Wis., July 29, 1872. “ For value received, I promise to pay J. M. Lockwood, or order, two thousand three hundred and fifty dollars, with interest at the rate of seven per centum per annum from this date, at the times following, to wit.: one hundred dollars on the first day of August, 1872; and thereafter, and after the year 1872, one hundred dollars on the first day of each February, May, August and November in each…
1Opinion of the Court
Lyon, T.
The ruling of the learned circuit judge rejecting all evidence under the answer is equivalent to sustaining a general demurrer to the answer interposed ore tenvq at the trial. The question is, therefore (and it is the principal question in the case), Does the answer state facts, which, if proved, would constitute a defense to the action, in whole or in part?
It is alleged in the answer that the note and mortgage were given without consideration, and pursuant to a pretended settlement with Lockwood, who (quoting from the answer) “ made this defendant Relieve that according to the terms…
2Cases cited1 opinion
- Ely v. WilcoxWisconsin Supreme Court · 1870
3Cited by9 opinions
- Werner v. RiemerWisconsin Supreme Court · 1949
- Wisconsin Marine & Fire Insurance Co. Bank v. MannWisconsin Supreme Court · 1898
- Zohrlaut v. MengelbergWisconsin Supreme Court · 1914
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Weil v. H. F. Haessler Hardware Co.Wisconsin Supreme Court · 1946
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