Collart v. Fisk
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Brown Countjn The action is to foreclose a mortgage on real estate, executed by the defendant Coppersmith to the plaintiff, to secure the payment of a promissory note of even date made by the former. The note is dated June 23d, 1871, and is for $200 payable in ñve years, with interest payable annually. The breach of condition alleged is the nonpayment of interest for three years.
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APPEAL from tbe Circuit Court for Brown Countjn The action is to foreclose a mortgage on real estate, executed by the defendant Coppersmith to the plaintiff, to secure the payment of a promissory note of even date made by the former. The note is dated June 23d, 1871, and is for $200 payable in ñve years, with interest payable annually. The breach of condition alleged is the nonpayment of interest for three years. The complaint contains an averment that the defendants Cor-mier and Fish “ have or claim to have some interest in or lien upon the said mortgaged premises or some part thereof, which…
1Opinion
Upon a motion for a rehearing, L. J. Billings, for appellant, submitted the following points:
1. The statement in the complaint of the amount due upon the mortgage is only the legal conclusion of the pleader from *242the facts stated. An answer denying a legal conclusion merely, is bad. Hathaway v. Baldwin, 17 Wis., 616; 2 Wait’s Pr., 418; McKyring v. Bull, 16 N. Y., 297; Lienan v. Lincoln, 2 Duer, 670; Edson v. Dillaye, 8 How. Pr., 278; McMurray v. Gifford, 5 id., 14. 2. The respondent’s answer does not admit that he is a subsequent incumbrancer, but only that he has an interest in the mortgaged…
2Cases cited11 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Sanford v. McCreedyWisconsin Supreme Court · 1871
- Pelton v. FarminWisconsin Supreme Court · 1864
- Lienan v. LincolnThe Superior Court of New York City · 1853
- Hathaway v. BaldwinWisconsin Supreme Court · 1864
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