Phillips v. Holland
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: E. 0. EsohweileR, Circuit Judge. This is an appeal from a judgment of foreclosure and sale, in an action to foreclose a mortgage executed on August 18, 1905, to J. J. Sehissler, to secure a promissory note for the ,sum of $3,500, payable at Schissler’s office on November 1, 1908, interest payable semi-annually on the first day of May and November of each year.
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Appeal from a judgment of the circuit court for Milwaukee county: E. 0. EsohweileR, Circuit Judge. This is an appeal from a judgment of foreclosure and sale, in an action to foreclose a mortgage executed on August 18, 1905, to J. J. Sehissler, to secure a promissory note for the ,sum of $3,500, payable at Schissler’s office on November 1, 1908, interest payable semi-annually on the first day of May and November of each year. The mortgage was assigned and the note transferred by indorsement by Sehissler on November 2,1905, and the mortgage was assigned and the note transferred-without…
1Opinion of the CourtSiebecKER, J.
The defendants claim that a short time before November 1, 1908, when the note became due, it was extended for a valuable consideration for three years, and that this action, which was commenced on December 2, 1910, was brought prematurely. The plaintiff testified that she received the mortgage and note as consideration for real estate sold to Mrs. Lovell by her, and that Mrs. Lovell assured her in the presence of her scrivener that the note had not been extended and that it was due. The scrivener testified to the same effect.
The defendant Ernst Holland testified that before November 1, 1908,…
2Cases cited3 opinions
- Fisher v. StevensSupreme Court of Missouri · 1898
- Grace v. LynchWisconsin Supreme Court · 1891
- Allison v. ManzkeWisconsin Supreme Court · 1903
3Cited by5 opinions
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