Ottillie v. Wæchtek
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Action for the foreclosure of a mortgage. Defense, usury. The opinion states the case. argued that the circuit court erred in refusing to permit defendants to show other usurious transactions on the part of plaintiff, at or about the time of making the loan in question. Such transactions were circumstances tending to strengthen defendants’ proofs as to the receipt by plaintiff of the $100 bonus.
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APPEAL from the Circuit Court for Washington County. Action for the foreclosure of a mortgage. Defense, usury. The opinion states the case. argued that the circuit court erred in refusing to permit defendants to show other usurious transactions on the part of plaintiff, at or about the time of making the loan in question. Such transactions were circumstances tending to strengthen defendants’ proofs as to the receipt by plaintiff of the $100 bonus. In Brinlc&rhoof v. Fool, 1 Hoff. Ch., 291, such evidence was received. In cases of fraud, evidence of contemporaneous frauds of a similar kind is…
1Opinion of the CourtCole, J.
Early in the term a motion was made to strike out the exceptions filed to the findings of fact and conclusions of law, for the reason that such exceptions were not filed within the time prescribed. This motion has been decided, but the ground of the decision has not been stated. It is thought best to state it here. It appears from the affidavits filed in support of the motion, that written notice of the entry of the judgment was served upon the attorneys for the defendants on the 25th of June, 1872. There are upon file exceptions purporting to have been filed on the 29th of the same month,…
2Cases cited4 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Hall v. . NaylorNew York Court of Appeals · 1859
- Rogers v. BuckinghamSupreme Court of Connecticut · 1865
- McFarland v. CarrWisconsin Supreme Court · 1862
3Cited by10 opinions
- Galewski v. NoeWisconsin Supreme Court · 1954
- State ex rel. Ornstine v. CaryWisconsin Supreme Court · 1905
- Heins v. Thompson & Flieth Lumber Co.Wisconsin Supreme Court · 1917
- Sage v. McLaughlinWisconsin Supreme Court · 1874
- Killingstad v. MeigsWisconsin Supreme Court · 1911
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