Hollenback v. Shoyer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action to set aside the settlement and satisfaction of a mortgage on certain real estate, executed by the defendant to one McDonald, for the sum of $2,350 and interest, which had been assigned to the plaintiff.
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APPEAL from the Circuit Court for Milwaukee County. Action to set aside the settlement and satisfaction of a mortgage on certain real estate, executed by the defendant to one McDonald, for the sum of $2,350 and interest, which had been assigned to the plaintiff. The complaint, after setting out the mortgage and note accompanying it, and the assignment thereof to the plaintiff, and that an action hadbeencommenced thereon in the circuit court for Milwaukee county, by the, plaintiff against the defendant and others, for its foreclosure, and that the same was still pending and undetermined;…
1Opinion of the Court
By the Court,
Dixon, C. J.
This case differs from Weed vs. Page, 7 Wis., 503, and others of the kind. There the vendor’s right to the money received in part payment for the goods, depended wholly upon the contract of sale, the validity of which was questioned on the ground of fraud. "Whether the sale should stand, or fall by reason of the fraud, was optional with the vendors; and if they chose the latter alternative, their right to the money went with the contract out of which it arose, and they must restore it to the. purchaser. Their claim to the money ceased with the contract. But the…
2Cases cited3 opinions
- M'Cormick v. MalinIndiana Supreme Court · 1841
- Weed v. PageWisconsin Supreme Court · 1859
- Dunn v. AmosWisconsin Supreme Court · 1861
3Cited by6 opinions
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
- Davis & Rankin Building & Manufacturing Co. v. Riverside Butter & Cheese Co.Wisconsin Supreme Court · 1893
- North Chicago St. R. v. Chicago Union Traction Co.U.S. Circuit Court for the Northern District of Illnois · 1906
- Franey v. Wauwatosa Park Co.Wisconsin Supreme Court · 1898
- Hale v. DanforthWisconsin Supreme Court · 1879
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