Legal Opinion

Fargo v. Ladd

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 12 opinions

APPEAL IN EQUITY PROM "WINNEBAGO CIRCUIT COURT.' On the 7th day of September, 1865, the complainant filed his hill in this cause in the Circuit Court of Winnebago county, and therein set forth that said complainant was seized in fee of certain real estate and appurtenances in the village of Mena-sha in said county, — that some time before the month of April, 1855, he employed Lyman Fargo to sell the same to such persons and price as he should see fit, — that said Lyman Fargo…

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APPEAL IN EQUITY PROM "WINNEBAGO CIRCUIT COURT.' On the 7th day of September, 1865, the complainant filed his hill in this cause in the Circuit Court of Winnebago county, and therein set forth that said complainant was seized in fee of certain real estate and appurtenances in the village of Mena-sha in said county, — that some time before the month of April, 1855, he employed Lyman Fargo to sell the same to such persons and price as he should see fit, — that said Lyman Fargo as such agent made an agreement of sale of same to defendant Eeed, — that said Eeed was to pay to said Lyman Fargo for…

1Opinion of the Court

By the Gowrt,

Smith J,

The bill of complainant in this *116case, after alleging the sale of the premises to the defendant, Eeed, the payment of a portion of the purchase money, and the execution of a noté and mortgage for the residue to Eox-ana Fargo, chai’ges that the latter assigned said note and mortgage in writing to the defendant, Ladd, that no consideration was paid for such assignment, and that the same was colora-ble, and that Ladd had full knowledge of Lyman Fargo’s agency, and of complainant’s claim to that portion of the purchase money secured by the note and mortgage.

To these direct…

2Cases cited3 opinions

  1. Drinkwater v. DrinkwaterMassachusetts Supreme Judicial Court · 1808
  2. Findley v. CooleyIndiana Supreme Court · 1823
  3. Reichart v. CastatorSupreme Court of Pennsylvania · 1812

3Cited by12 opinions

  1. Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
  2. Harvey v. HarveyWisconsin Supreme Court · 1930
  3. Skeen v. MarriottUtah Supreme Court · 1900
  4. Rumery v. McCullochWisconsin Supreme Court · 1882
  5. Mehlhop v. PettiboneWisconsin Supreme Court · 1882

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