Austin v. Burgess
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Action to reform a deed and mortgage, and-foreclose tbe mortgage. Defense, usury.
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APPEAL from the Circuit Court for Saule County. Action to reform a deed and mortgage, and-foreclose tbe mortgage. Defense, usury. Tbe defendants, Peleg Burgess and Lucretia Burgess, alleged, that on tbe 8tb of July, 1868, Peleg Burgess, by L, J. Prank as bis agent, borrowed $25 of tbe plaintiff, Lucretia Austin ; that said Frank, at tbe same time, borrowed of plaintiff $100 ; that for tbe use of tbe $125, until October 1st following, it was usuriously agreed to pay $36, and interest on tbe sum so borrowed, at tbe rate of ten per cent. ; that said Frank then gave a note payable October 1st…
1Opinion of the CourtRyan, C. J.
We do not propose to discuss the facts tainting the note and mortgage in this case with usury. The usurious interest was reserved by the husband, payable to the wife, within her authority to him as her agent, and affirmed by her in the attempt to enforce it in this suit. The evidence of these facts appears to us overwhelming, and we do not see how the court below could have found otherwise.
The usury taints all the dealings of the parties disclosed in the record; and the only question for us is the effect on the final contract, as a whole.
The transactions ending in the note and mortgage in…
2Cases cited9 opinions
- Satterlee v. MatthewsonSupreme Court of the United States · 1829
- Brandeis v. NeustadtlWisconsin Supreme Court · 1860
- Seamans v. CarterWisconsin Supreme Court · 1862
- Gorsuth v. ButterfieldWisconsin Supreme Court · 1853
- Lee v. PeckhamWisconsin Supreme Court · 1863
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3Cited by6 opinions
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- Graham v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- Good v. StarkerWisconsin Supreme Court · 1934
- Hamilton v. ProutyWisconsin Supreme Court · 1880
- Fulton v. DayWisconsin Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.