Shields v. Klopf
Wisconsin Supreme Court
APPEAL from the Circuit Court for Glarlt County. This action was brought under sec. 2256, R. S., to recover the damages therein prescribed for the refusal of the defendants to discharge a certain mortgage on real estate, executed by the plaintiff to one Amidon, and by the latter duly assigned to the defendants, which mortgage it is alleged was theretofore paid.
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APPEAL from the Circuit Court for Glarlt County. This action was brought under sec. 2256, R. S., to recover the damages therein prescribed for the refusal of the defendants to discharge a certain mortgage on real estate, executed by the plaintiff to one Amidon, and by the latter duly assigned to the defendants, which mortgage it is alleged was theretofore paid. On the trial the plaintiff testified that on. or about April 1, 1877, he paid the mortgage debt to the defendant Klopf, who then surrendered to him the mortgage, and he thought the promissory note accompanying the same. The plaintiff…
1Opinion of the CourtLyon, J.
The statute under which this action was brought reads as follows: “ Section 2256. If any mortgagee, his personal representative or assignee, after a full performance of the conditions of the mortgage, whether before or after a breach thereof, shall, for the space of seven days after being thereto requested, and after tender of his reasonable charges, rqfuse or neglect to discharge the same as provided in this chapter1, or to execute and acknowledge a' certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs or assigns, in the sum of one hundred dollars…
2Cases cited2 opinions
- Cohn v. NeevesWisconsin Supreme Court · 1876
- Stone v. LannonWisconsin Supreme Court · 1858
3Cited by5 opinions
- Morrill v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Johnson v. HuberWisconsin Supreme Court · 1903
- Malarkey v. O'LearyOregon Supreme Court · 1899
- Swallow v. First State BankNorth Dakota Supreme Court · 1914
- Smith v. GMAC Mortgage Corp.Connecticut Superior Court · 2004