Farmers' & Millers' Bank v. Sawyer
Wisconsin Supreme Court
appeal PROM Milwaukee circuit court. This was an action brought by the respondent against the defendant for the foreclosure of a mortgage.
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appeal PROM Milwaukee circuit court. This was an action brought by the respondent against the defendant for the foreclosure of a mortgage. The complaint was as follows: The complaint of the above named plaintiff respectfully shows to this court, upon information and belief, that the defendant, Amos Sawyer, for the purpose of securing the payment to Daniel Newhall of the sum of all moneys that, on a true and fair adjustment of accounts between the said Sawyer and Newhall, might be found to be justly due and payable to the said Newhall, on or about the 31st day of May, 1856, executed and…
1Opinion of the Court
By the Court,
Smith, J.
This was an action commenced by the appellee against the appellant for the foreclosure of a mortgage, given by the appellant to Daniel Newhall, and assigned by him to the appellee. The complaint set out the mortgage and assignment, but did not allege that the plaintiff was a body corporate, created or authorized by the laws of this or any other State. The defendant below demurred to the complaint for this reason ; also assigning for further cause that the complaint did not state facts sufficient to constitute a cause of action. The plaintiff’s counsel, regarding this…
2Cases cited3 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Johnson v. KempNew York Supreme Court · 1855
3Cited by8 opinions
- Lerdall v. Charter Oak Life InsuranceWisconsin Supreme Court · 1881
- Germain v. HarwellMississippi Supreme Court · 1914
- Cottrill v. CramerWisconsin Supreme Court · 1876
- Magdeburg v. UihleinWisconsin Supreme Court · 1881
- Rains v. City of OshkoshWisconsin Supreme Court · 1861
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