Kuener v. Smith
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county; ObReh T. "Williams, Judge. They contended, inter alia, that judgment for deficiency cannot be-rendered against the defendant Smith: (1) Because it is not authorized by sec. 3156, Stats. 1898, he not being liable “ upon the same contract which the mortgage is given to secure.” (2) Because the promise of Smith was not made for the benefit of the mortgagee or upon any consideration whatever.
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Appeal from a judgment of the superior court of Milwaukee county; ObReh T. "Williams, Judge. They contended, inter alia, that judgment for deficiency cannot be-rendered against the defendant Smith: (1) Because it is not authorized by sec. 3156, Stats. 1898, he not being liable “ upon the same contract which the mortgage is given to secure.” (2) Because the promise of Smith was not made for the benefit of the mortgagee or upon any consideration whatever. The person to whom the promise was made was not liable for the mortgage debt. Jefferson v. Asch, 53 Minn. 446, 25 L. R. A. 257, 259, 272;…
1Opinion of the CourtCassoday, C. J.
This is an appeal from that part of a judgment of foreclosure and sale which refused to give judgment in favor of the plaintiff for the deficiency against the defendant Joseph G. Smith. The issues raised by the complaint and the answer of the defendant Smith having been tried, the court, at the close thereof, made findings of fact and conclusions of law, among other things, to the following effect:
On May 2,1892, the premises in question were purchased from one James G-. Flanders by the defendants, Peter Doyle, Joseph G. Smith, and Gilbert Joyce, but the deed thereof was taken in the name of…
2Cases cited8 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Drake v. . SeamanNew York Court of Appeals · 1884
- Day v. ElmoreWisconsin Supreme Court · 1856
- Brewster v. . SilenceNew York Court of Appeals · 1853
- Houghton v. ElyWisconsin Supreme Court · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Consumers Coal Co. v. City of LincolnNebraska Supreme Court · 1922
- Lenz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1901
- Marling v. MaynardWisconsin Supreme Court · 1906
- Schumacher v. DraegerWisconsin Supreme Court · 1909
- Bradley Bank v. PrideWisconsin Supreme Court · 1932
5 more not listed; retrieve them via the Exa API.