Spence v. Pieper
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: R. G-. Sietjeokee, Circuit Judge. December 7, 1881, Wilhelm Pieper, defendants’ ancestor, executed a mortgage to one O. W. Whinfield to secure the payment "of two notes, one for $2,000, payable in instalments of $500 each, on the 1st of May, 1882, and annually thereafter; the other for $1,200, due May 1,1887,— each bearing seven per cent, interest.
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Appeal from a judgment of the circuit court for Columbia county: R. G-. Sietjeokee, Circuit Judge. December 7, 1881, Wilhelm Pieper, defendants’ ancestor, executed a mortgage to one O. W. Whinfield to secure the payment "of two notes, one for $2,000, payable in instalments of $500 each, on the 1st of May, 1882, and annually thereafter; the other for $1,200, due May 1,1887,— each bearing seven per cent, interest. Pieper died April 8, 1884, and the property mortgaged came to the defendants. Whinfield died April 5, 1885, and the mortgage became the property of the plaintiff. This action is…
1Opinion of the CourtBaedeeN, J.
This is another of those unfortunate cases growing out of the knavery of W. T. Rambusch. The defendants claim that they made payments from time to time *455upon the mortgage in suit to Eambusch, sufficient to reduce the amount due thereon to about $200. The contest is whether he was plaintiff’s agent, and authorized to receive the payments so made. The fact that certain payments were made to Eambusch is not denied, and it is equally certain that the greater part of the money so paid failed to reach the plaintiff. One of two innocent parties must suffer, and the question is, which one. The lower…
2Cases cited1 opinion
- Bartel v. BrownWisconsin Supreme Court · 1899
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