Crosby v. Roub
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bode County. In the court below the plaintiff had judgment of foreclosure and sale as prayed for, and the defendants appealed. The case is stated in the opinion of the court. The evidence introduced by the plaintiff did not show him to be an indorsee of the note.
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APPEAL from the Circuit Court for Bode County. In the court below the plaintiff had judgment of foreclosure and sale as prayed for, and the defendants appealed. The case is stated in the opinion of the court. The evidence introduced by the plaintiff did not show him to be an indorsee of the note. It only showed that he was as-signee of the note and mortgage, by virtue of an assignment, and had the title thereto.. ' But the assignment contained in that bond did not constitute an indorsement, and neither at the-common law nor by the custom of merchants, would it have enabled the plaintiff to…
1Opinion of the Court
By the Court,
Paine, J.
This action was brought to foreclose what is commonly called a farm mortgage. It was given to the Milwaukee & Mississippi Railroad Company, and the note given in connection with it was made payable to that company or order. It is conceded that it was transferred to the plaintiff before due, for value, and that the plaintiff had no notice of any equitable defense. But on the trial, .the defendant offered in evidence, a defense set up in the answer, founded *624upon alleged false and fraudulent representations by the agents of the company in procuring the mortgage. This was…
2Cases cited2 opinions
- Clark v. City of JanesvilleWisconsin Supreme Court · 1860
- French v. TurnerIndiana Supreme Court · 1860
3Cited by22 opinions
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Callanan v. JuddWisconsin Supreme Court · 1868
- Maxwell v. HartmannWisconsin Supreme Court · 1881
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