Gilmore v. Roberts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. The following statement of the case was prepared by Mr. Justice Cassoday : It appears from the record that March 18, 1888, the plaintiff loaned to one W. A. Boutelle $1,050, and in consideration thereof the said Boutelle at the same time executed and delivered to the plaintiff his three promissory notes, each payable to Mrs. M. A. Bradeen or bearer, at dates named, amounting in the aggregate to $1,100, and to secure the payment…
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APPEAL from the Circuit Court for Price County. The following statement of the case was prepared by Mr. Justice Cassoday : It appears from the record that March 18, 1888, the plaintiff loaned to one W. A. Boutelle $1,050, and in consideration thereof the said Boutelle at the same time executed and delivered to the plaintiff his three promissory notes, each payable to Mrs. M. A. Bradeen or bearer, at dates named, amounting in the aggregate to $1,100, and to secure the payment of which the said Boutelle, at the same time, executed and delivered to the plaintiff a chattel mortgage on his…
1Opinion of the CourtCassoday, J.
There is no claim that Boutelle did not own the property covered by the chattel mortgage at the time it was executed, nor that it was given by him with any intent to hinder, delay, or defraud his creditors. Mrs. M. A. Bradeen is named as the mortgagee, and the mortgage purports to secure notes payable to her- “ or bearer.”
1. Error is assigned because the court allowed the plaintiff to testify that the notes and mortgage were given to secure a loan made by the plaintiff to Boutelle at the time they were executed. There can be no reasonable doubt of the right to prove such consideration by…
2Cases cited19 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Kelley v. WhitneyWisconsin Supreme Court · 1878
- Croft v. BunsterWisconsin Supreme Court · 1859
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Cowin v. HurstMichigan Supreme Court · 1900
- Herman v. City of OcontoWisconsin Supreme Court · 1898
- Hurd v. DotyWisconsin Supreme Court · 1893
- Anderson Buick Co. v. CookWashington Supreme Court · 1941
- Banking Commission v. First Wisconsin National Bank of MilwaukeeWisconsin Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.