Legal Opinion

Spencer v. Maxfield

Wisconsin Supreme Court

Decided June 15, 1862PublishedCited by 10 opinions

APPEAL from the Circuit Court for Fond du Lac County. This action was commenced against J. H. Wyckoff and Mary E. Wyckoff and the appellant Maxfield, to foreclose a mortgage given to secure a promissory note which was as follows : “ $800. For value received, I promise to pay Clayton Lemans or bearer, eight hundred dollars, three years from the 15th day of April, A. D., 1857, with the interest at 12 per cent after the first day of June, A, U., 1857. This note running with…

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APPEAL from the Circuit Court for Fond du Lac County. This action was commenced against J. H. Wyckoff and Mary E. Wyckoff and the appellant Maxfield, to foreclose a mortgage given to secure a promissory note which was as follows : “ $800. For value received, I promise to pay Clayton Lemans or bearer, eight hundred dollars, three years from the 15th day of April, A. D., 1857, with the interest at 12 per cent after the first day of June, A, U., 1857. This note running with mortgage of same date. (Signed) J. H. Wkckoff-Dated, April 16, 1857.” On the 14th day of January, 1862, the respondent,…

1Opinion of the Court

By the Court,

Cole, J.

Assuming for the purposes of this case that the appellant, Maxfield, is in a position to contest the question whether interest shall be computed on the note set forth in the complaint at the rate of twelve per cent, per an-num until judgment was entered, or whether it should only be computed at that rate until maturity, and thereafter at seven per cent, per annum, we still think the judgment is correct. The circuit court computed the interest at the rate of twelve percent, per annum up to the time judgment was entered; and it appears to us that this is the fair and…

2Cases cited2 opinions

  1. Macomber v. DunhamNew York Supreme Court · 1832
  2. Candor's AppealSupreme Court of Pennsylvania · 1843

3Cited by10 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1878
  2. Seton v. HoytOregon Supreme Court · 1899
  3. Barbour v. TompkinsWest Virginia Supreme Court · 1888
  4. Borders v. BarberSupreme Court of Missouri · 1884
  5. Gregory v. StateCalifornia Supreme Court · 1948

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