Legal Opinion

Farmers' Loan & Trust Co. v. Cary

Wisconsin Supreme Court

Decided November 19, 1860PublishedCited by 3 opinions

ERROR from tbe Circuit Court for Milwaukee County. This case was submitted to tbe circuit court upon a statement of facts agreed upon by tlie parties, wbicb was in substance as follows: • “ Tbe Racine and Mississippi Railroad Company bad a contract witb tbe U. S. for conveying tbe mail from Racine to Freeport, in Illinois, and carried tbe mail under said contract from July, 1858, to tbe lOtb of May, 1859. They received from the government pay for such services, up to and…

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ERROR from tbe Circuit Court for Milwaukee County. This case was submitted to tbe circuit court upon a statement of facts agreed upon by tlie parties, wbicb was in substance as follows: • “ Tbe Racine and Mississippi Railroad Company bad a contract witb tbe U. S. for conveying tbe mail from Racine to Freeport, in Illinois, and carried tbe mail under said contract from July, 1858, to tbe lOtb of May, 1859. They received from the government pay for such services, up to and including the 31st day of March, 1859, except a balance $133 93, on account of short mileage, which has since been…

1Opinion of the Court

By the Court,

Cole, J.

After tbe expression of our views in tbe cases of The Farmers' Loan & Trust Company vs. The Commercial Bank, [11 Wis., 207], and Dinsmore vs. The Racine and Mississippi R. R. Co. et al., [12 Wis., 649], as to tbe terms and conditions of tbe mortgages given by tbe Ba-cine and Mississippi B. B. Go. to tbe Farmers’ Loan & Trust Co., and also upon tbe effect of tbe deed of surrender under wbicb tbe Farmers’ Loan & Trust Co. took possession of tbe railroad and its property, and operates tbe same, we need only say tbat we do not think tbe plaintiff in error can bold tbe claim…

2Cases cited2 opinions

  1. Dinsmore v. Racine & Mississippi RailroadWisconsin Supreme Court · 1860
  2. Farmers' Loan & Trust Co. v. Commercial BankWisconsin Supreme Court · 1860

3Cited by3 opinions

  1. Lamson v. MoffatWisconsin Supreme Court · 1884
  2. Farmers' Loan & Trust Co. v. FisherWisconsin Supreme Court · 1863
  3. Old Colony Trust Co. v. City of TacomaDistrict Court, W.D. Washington · 1915

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