Baillie v. Stephenson
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chables SMITH, Judge. The defendant Dobie was indebted to the Lcmd <& River Improvement Company, in a large sum, on purchase-money notes, mortgages, and land contracts. Foreclosure proceedings were pending. The lands were improved and occupied -by tenants.
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Appeal from a judgment of the superior court of Douglas county: Chables SMITH, Judge. The defendant Dobie was indebted to the Lcmd <& River Improvement Company, in a large sum, on purchase-money notes, mortgages, and land contracts. Foreclosure proceedings were pending. The lands were improved and occupied -by tenants. Dobie made an arrangement with the Land <& Improvement Company whereby the improvement company agreed to discontinue the foreclosure proceedings, and Dobie agreed to apply the rents upon the indebtedness. The improvement company discontinued the foreclosure proceedings, and…
1Opinion of the CourtNewman, J.
The question in this case is, Whose were the moneys which were in the hands of Upham & Stephenson? Were they Dobie’s moneys, or did they belong to the Lcmd c& River Improvement Company? The proper answer to this question depends upon whether the transaction amounted, in equity, to an assignment of the fund to the improvement company. It, in the final analysis, all depends on the intention of the parties. If they intended it to be an assignment of the fund, equity will so treat it. In order to constitute an assignment in equity of a debt or chose in action, no particular form is necessary. Any…
2Cases cited5 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Kingman v. PerkinsMassachusetts Supreme Judicial Court · 1870
- Holbrook v. PayneMassachusetts Supreme Judicial Court · 1890
- Nix v. AllenSupreme Court of the United States · 1884
3Cited by6 opinions
- Skobis v. FergeWisconsin Supreme Court · 1899
- McDonald v. DaskamCourt of Appeals for the Seventh Circuit · 1902
- Union State Bank v. Peoples State BankWisconsin Supreme Court · 1927
- Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1912
- In re Wittenberg Veneer & Panel Co.District Court, E.D. Wisconsin · 1901
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