Daniels v. Foster
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. The plaintiff brought suit as executor of the last will and testament of Charles R. Eox, deceased, to foreclose a mortgage made in March, 1858, by John W. Foster and Maria M. Foster, his wife, on two lots in the city of Racine, to secure the note of said John W. Foster for $2,100, at twelve months.
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APPEAL from the Circuit Court for Racine County. The plaintiff brought suit as executor of the last will and testament of Charles R. Eox, deceased, to foreclose a mortgage made in March, 1858, by John W. Foster and Maria M. Foster, his wife, on two lots in the city of Racine, to secure the note of said John W. Foster for $2,100, at twelve months. John W. Foster set up, both by way of counterclaim and as payment, an account against the plaintiff for services, moneys advanced, etc., amounting to $3,176.78; and denied all indebtedness; and prayed for a judgment that the mortgage be discharged of…
1Opinion of the CourtDixon, C. J.
The important point in this controversy is the genuineness of the letter of November 23, *6891861. It is upon that the defense rests, for without it, none can be said to be completely, if at all, established. It is, therefore, the controlling question in the case, apd the only one to be considered. It is a mere question of fact, and, aside from the discussion of some questions of law incidentally involved, the examination will be as brief as possible. The court below found that the letter was genuine, and we are inclined to sustain that conclusion. If the testimony of the principal defendant,…
2Cited by32 opinions
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- Warten v. BlackSupreme Court of Alabama · 1915
- Quass v. Milwaukee Gas Light Co.Wisconsin Supreme Court · 1919
- Leffek v. LuedemanMontana Supreme Court · 1933
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