Mowry v. Wood
Wisconsin Supreme Court
ERROR to tbs Circuit Court for Dane. County. Tbe complaint of Wood, tbe plaintiff below, alleged, that on tbe first day of March, 1858, being indebted to tbe defendant, Dulce Mowry, in tbe sum of $625, be executed to bim a note therefor, payable in nine months from date, with interest at twelve per cent, per annum from its date until paid, and at tbe same túne, as collateral security for tbe payment of tbe note, deposited with tbe defendant four school land certificates,…
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ERROR to tbs Circuit Court for Dane. County. Tbe complaint of Wood, tbe plaintiff below, alleged, that on tbe first day of March, 1858, being indebted to tbe defendant, Dulce Mowry, in tbe sum of $625, be executed to bim a note therefor, payable in nine months from date, with interest at twelve per cent, per annum from its date until paid, and at tbe same túne, as collateral security for tbe payment of tbe note, deposited with tbe defendant four school land certificates, embracing a quarter section of land in Iowa county in this state, and wbicb were worth $2,000. Tbe complaint further stated…
1Opinion of the Court
By the Qourt,
Dixoít, O. J.
If the school land certificates, and Wood’s interest under them, could be regarded as personal property, and the transaction as a pledge, still the judgment of the circuit court would have to be reversed. The judge left it to the jury to determine whether Wood had waived notice of the intended sale of the certificates. This was error. The agreement was in writing, signed by Wood, and its execution undisputed. There was no parol evidence on the subject, and whether there was a waiver depended upon the proper construction of the written agreement, which was a question…
2Cases cited13 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Stearns v. MarshNew York Supreme Court · 1847
- Wilson v. TroupCourt for the Trial of Impeachments and Correction of Errors · 1823
- Galloway v. FinleySupreme Court of the United States · 1838
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Howton v. MathiasSupreme Court of Alabama · 1916
- Oconto Co. v. BaconWisconsin Supreme Court · 1923
- Daggett v. DavisMichigan Supreme Court · 1884
- McKinnon v. BenedictWisconsin Supreme Court · 1968
18 more not listed; retrieve them via the Exa API.