Breitenbach v. Turner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ozaukee County. Foreclosure of a mortgage. Adolph Oroll, in 1858, made bis note for $200 to one Caróline Hartwig, and executed the mortgage in suit to secure the same. The note and mortgage were afterwards sold and transferred to the plaintiff; and the mortgaged premises were sold by the mortgagor to Martha Fink.
Read the full summary
APPEAL from the Circuit Court for Ozaukee County. Foreclosure of a mortgage. Adolph Oroll, in 1858, made bis note for $200 to one Caróline Hartwig, and executed the mortgage in suit to secure the same. The note and mortgage were afterwards sold and transferred to the plaintiff; and the mortgaged premises were sold by the mortgagor to Martha Fink. Afterwards, to wit, on the 1st of October, 1862, this action was commenced against the mortgagor and wife and another person, but Martha Fink was not then made a party. On the 24th of the same month said Martha tendered to the plaintiff $126 in “ so…
1Opinion of the Court
By the Court,
PAINE, J.
This case involves tbe question of tbe validity of tbe law of Congress making tbe treasury notes of tbe United States a legal tender. We have arrived at the conclusion that tbe law is valid. And tbe reasons for that conclusion are so fully set forth in the opinions of tbe New York Supreme Court in tbe case of Hague v. Powers, 30 Barb., 427, and in tbe opinions of tbe Court of Appeals in that state, in tbe cases of The Metropolitan Bank and The Shoe and Leather Bank v. Van Dyck, and Meyer v. Roosevelt, which have been printed in pamphlet, that it would be mere repetition…
2Cases cited3 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Moore v. CordWisconsin Supreme Court · 1861
3Cited by5 opinions
- Thompson v. CrainsIllinois Supreme Court · 1920
- Mankel v. BelscamperWisconsin Supreme Court · 1893
- Hammond v. EricksonWisconsin Supreme Court · 1908
- Warner v. Sauk County BankWisconsin Supreme Court · 1866
- Hoffman v. Van DiemenWisconsin Supreme Court · 1885