Smith v. Phillips
Wisconsin Supreme Court
APPEAL from the Circuit Court for Oconto County. Replevin. Plaintiff appealed from a judgment against him. The case will appear from the opinion. They contended that, when the mortgagor tenders, and the mortgagee refuses, the amount of the mortgage debt, the lien of the mortgage is discharged, though the debt remains. Herman on Chat.
Read the full summary
APPEAL from the Circuit Court for Oconto County. Replevin. Plaintiff appealed from a judgment against him. The case will appear from the opinion. They contended that, when the mortgagor tenders, and the mortgagee refuses, the amount of the mortgage debt, the lien of the mortgage is discharged, though the debt remains. Herman on Chat. Mortg., 468, 471, and cases cited in note 1, p. 46; Legro v. Lord, 10 Me., 161; Spaulding v. Barnes, 4 Gray, 330; Jackson v. Grafts, 18 Johns., 110; Arnot v. Post, 6 Hill, 65; Hunter v. Le Gonte, 6 Cow., 728; Farmers’ Ins. Go. v. Edwards, 26 Wend., 541; Kortright…
1Opinion of the CourtCole, J.
This is an action by the mortgagor to recover possession of certain personal property. The defendant took possession of the property under a chattel mortgage, after default and condition broken. On the same day the plaintiff tendered to the defendant the amount due on the mortgage, with interest, and demanded the property, which amount the defendant refused to receive, and to deliver up the property, until another claim which he held against the plaintiff was paid. This action of replevin was at once commenced, the plaintiff claiming that the tender and refusal had the effect to extinguish…
2Cases cited2 opinions
- Flanders v. ThomasWisconsin Supreme Court · 1860
- Musgat v. PumpellyWisconsin Supreme Court · 1879
3Cited by8 opinions
- Frank v. PickensSupreme Court of Alabama · 1881
- Wilkerson v. ThorpCalifornia Supreme Court · 1900
- Klinkert v. Fulton Storage & Mercantile Co.Wisconsin Supreme Court · 1902
- Gauche v. MilbrathWisconsin Supreme Court · 1897
- Clark v. LamoreuxWisconsin Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.