Western Bank of Scotland v. Tallman
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Rock County. This action was brought to foreclose a mortgage executed by tbe defendants William M Tallman and Emmeline D. Tail-man, in December, 1855, to secure a bond of the same date given by said William M. to the Chicago, St. Paul & Fond du Lac Railroad Company for the payment of $4000, with interest.
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APPEAL from tbe Circuit Court for Rock County. This action was brought to foreclose a mortgage executed by tbe defendants William M Tallman and Emmeline D. Tail-man, in December, 1855, to secure a bond of the same date given by said William M. to the Chicago, St. Paul & Fond du Lac Railroad Company for the payment of $4000, with interest. The bond was given in payment for forty shares of the stock of said railroad, each share being of the nominal value of $100. The company, for a valuable consideration, assigned the bond and mortgage to its president, William B. Ogden, who subsequently, for a…
1Opinion of the Court
jBy the Court,
Paine, J.
This is another farm mortgage case. The defendant again raises, the question of power in the corporation to take such a security, and relies on the absence, in the charter of the railroad company to which this mortgage was given, of some of the general clauses upon which reliance was placed in the former decisions of this court upon the question. The provisions of this u charter are more meagre than usual. It grants in the usual form the power to locate and construct the road, open books of subscription, &c., but it does not contain any express grant of the general…
2Cases cited1 opinion
- Campbell v. SmithWisconsin Supreme Court · 1859
3Cited by6 opinions
- State ex rel. Marinette, Tomahawk & Western Railway Co. v. Common Council of TomahawkWisconsin Supreme Court · 1897
- In re Assignment of GilbertWisconsin Supreme Court · 1896
- Druse v. HorterWisconsin Supreme Court · 1883
- Smith v. ToddWisconsin Supreme Court · 1882
- Bohlman v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1876
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