Legal Opinion

Hill v. Durand

Wisconsin Supreme Court

Decided September 11, 1883PublishedCited by 6 opinions

APPEALS from the Circuit Court for Racine County. The case is stated in the opinion. Exhibit B, therein referred to, was as follows: “ Racine, Wis., Aug. 12, 1867. “ Received of Isaac M. Hill his notes, Aug. 12, 1867, for $8,500 .... secured by a mortgage on the barque ‘ Green Bay,’ which notes and mortgage I am to hold as collateral security for any indebtedness of the said Hill either to me or to Caroline B. Durand. “ Wm. Cowles, “ By H 8. Durand, Agent.

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APPEALS from the Circuit Court for Racine County. The case is stated in the opinion. Exhibit B, therein referred to, was as follows: “ Racine, Wis., Aug. 12, 1867. “ Received of Isaac M. Hill his notes, Aug. 12, 1867, for $8,500 .... secured by a mortgage on the barque ‘ Green Bay,’ which notes and mortgage I am to hold as collateral security for any indebtedness of the said Hill either to me or to Caroline B. Durand. “ Wm. Cowles, “ By H 8. Durand, Agent. “ Amount for which the above is held at this date, Aug, 12, ’67: [Here follows a description of several notes including only two given by…

1Opinion of the Court

The following opinion was filed April 4, 1883:

Cole, C. J.

After the decision of ..this court holding the complaint good on demurrer (see 50 Wis., 354), all the defendants, except Cowles, answered, and the cause was tried upon its merits. The circuit court .gave a judgment in favor of the plaintiff, ordering the mortgage on the vessel, Green Bay, to be canceled; and for $4,474.70 and costs, to be satisfied out of the trust estate. Prom this judgment both parties have appealed. The appeal of the defendants will first be considered. The transactions investigated on the trial were quite numerous,…

2Cases cited3 opinions

  1. State of Connecticut v.JacksonNew York Court of Chancery · 1814
  2. Green v. WescottWisconsin Supreme Court · 1861
  3. Hill v. DurandWisconsin Supreme Court · 1880

3Cited by6 opinions

  1. Leahy v. National Building & Loan Ass'nWisconsin Supreme Court · 1898
  2. Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
  3. E. M. Fish Co. v. YoungWisconsin Supreme Court · 1906
  4. Hawley v. HarranWisconsin Supreme Court · 1891
  5. Hammond v. EricksonWisconsin Supreme Court · 1908

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