Fisher v. Otis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. The case was that Fisher and Robinson filed their bill in equity against Otis and others to foreclose a mortgage executed by Otis and wife to James S. Wiggin, securing the payment of a promissory note, given by Otis to Wiggin, for $15,000, payable one year after date, with interest after due at the rate of twelve per cent., payable semi-annually 'at the city of Boston, Mass.
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APPEAL from the Circuit Court for Racine County. The case was that Fisher and Robinson filed their bill in equity against Otis and others to foreclose a mortgage executed by Otis and wife to James S. Wiggin, securing the payment of a promissory note, given by Otis to Wiggin, for $15,000, payable one year after date, with interest after due at the rate of twelve per cent., payable semi-annually 'at the city of Boston, Mass. Wiggin assigned the note and mortgage to the complainants before the note became due, but the assignment of the note and mortgage was made expressly “ subject, however, to…
1Opinion of the CourtHubbell, J.
This suit is founded on a note and mortgage,, executed by Roswell C. Otis and wife to James S. Wiggin, payable in Boston. Both instruments were executed and delivered at Southport in Racine county. Wiggin afterwards, and before the maturity of the note, assigned and conveyed to the appellants all his right, title and interest in the note and mor-gage, and in the lands conveyed by the mortgage, for the consideration of $15,000, as expressed in the assignment. The appellants filed their bill of foreclosure, claiming to be bona fide purchasers of the note for a valuable consideration…
2Cases cited5 opinions
- Lloyd v. ScottSupreme Court of the United States · 1830
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Union Bank of Georgetown v. GearySupreme Court of the United States · 1831
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Jackson ex dem. Murray v. DennNew York Supreme Court · 1825
3Cited by9 opinions
- Begelfer v. NajarianMassachusetts Supreme Judicial Court · 1980
- Brinkman v. JonesWisconsin Supreme Court · 1878
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Tobin v. TobinWisconsin Supreme Court · 1909
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