Knuth v. Pattarson

It is the contention of the defendants Niewiadomski that this case is ruled by Michalak v. Nowinski (1936), 220 Wis. 1, 264 N. W. 498. The facts in this case as found by the court are materially different than the facts in the Michalak Case. In that case Nowinski by his agent Czerwinski paid $3,000 to the original mortgagee. It was held that this discharged the instrument. Clearly the payment was upon the note and mortgage. There was no dispute as to that fact. Here, the defendants Niewiadomski never paid any money on a mortgage; their payments were to Czerwinski upon a land contract. Nor did…