Feed Miller Brewing Co. v. Manasse
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. SutherlaNd, Judge. Action to foreclose a mortgage. The complaint was in tbe usual form. The defendant Manasse was made a defendant as a person interested, subject to the rights of the plaintiff. She answered, among other things, by way of a counterclaim, stating facts claimed to show she was the rightful owner of the note and mortgage and praying for the establishment of her title.
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. SutherlaNd, Judge. Action to foreclose a mortgage. The complaint was in tbe usual form. The defendant Manasse was made a defendant as a person interested, subject to the rights of the plaintiff. She answered, among other things, by way of a counterclaim, stating facts claimed to show she was the rightful owner of the note and mortgage and praying for the establishment of her title. Plaintiff duly replied to such counterclaim. During the progress of the trial said defendant asked leave to withdraw her counterclaim, which…
1Opinion of the CourtMarshall, J.
The findings of fact are amply sustained by the evidence. The only question of law that need be decided is, Does a person become the bona fide holder of a note and mortgage by purchasing them for value, of another who has title thereto of record, while the same are in possession of a third person who received them as security from such other, and took title thereto for such purpose, by an assignment of the note in blank, and a delivery thereof, together with the mortgage, so as to cut off the rights of such third person? That must be answered in favor of the respondent in accordance with the…
2Cases cited2 opinions
- Croft v. BunsterWisconsin Supreme Court · 1859
- Martineau v. McCollumWisconsin Supreme Court · 1852
3Cited by7 opinions
- Gross v. HeckertWisconsin Supreme Court · 1904
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Doyon & Rayne Lumber Co. v. NicholsWisconsin Supreme Court · 1928
- Milwaukee Trust Co. v. Van ValkenburghWisconsin Supreme Court · 1907
- First Nat. Bank of Madison v. KolbeckWisconsin Supreme Court · 1945
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