Halbach v. Trester
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Sheboy-gan county: N. S. G-ilsoN, Circuit Judge. The mortgage in suit bears date April 13, 1893, and was executed by Anna Black and Frances Trester to the defendants Henry W., John Jand Adam Trester, to secure the payment of a note for $1,000, due in five years, with interest at six per cent., payable annually.
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Appeal from a judgment of tbe circuit court for Sheboy-gan county: N. S. G-ilsoN, Circuit Judge. The mortgage in suit bears date April 13, 1893, and was executed by Anna Black and Frances Trester to the defendants Henry W., John Jand Adam Trester, to secure the payment of a note for $1,000, due in five years, with interest at six per cent., payable annually. On April 17, 1893, the mortgagees duly assigned said mortgage to Christine "Webster, and on the back of the note signed their names to the following: “Pay to the order of Christine Webster.” On June 9, 1893, this mortgage and note were…
1Opinion of the CourtBardeen, J.
1. Plaintiff was a purchaser of the note and mortgage in suit before the same became due. At the timo he took the note, it had upon the back thereof an indorsement, “Pay to the order of Christine Webster,” signed by the defendants. When it was transferred to plaintiff, Mrs. Webster indorsed it -blank. Their engagement, in law, was that they would pay this note at maturity, if the maker failed to pay it on demand and they received due notice thereof. Charles v. Denis, 42 Wis. 56. It is the same as though the contract had been written in full on the back of the note and they had signed it. The…
2Cases cited5 opinions
- Charles v. DenisWisconsin Supreme Court · 1877
- Palmeter v. CareyWisconsin Supreme Court · 1885
- In re Assignment of GilbertWisconsin Supreme Court · 1896
- Michigan State Bank v. TrowbridgeMichigan Supreme Court · 1892
- Fond du Lac Harrow Co. v. HaskinsWisconsin Supreme Court · 1881
3Cited by8 opinions
- Bank Mutual v. S.J. Boyer Construction, Inc.Wisconsin Supreme Court · 2010
- Palmersheim v. HertelWisconsin Supreme Court · 1923
- Union Bank of Milwaukee v. Commercial Securities Co.Wisconsin Supreme Court · 1916
- Rio-Fall River Union Bank v. HollnagelWisconsin Supreme Court · 1940
- Bank Mutual v. S.J. Boyer Construction, Inc.Court of Appeals of Wisconsin · 2008
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