Potter v. Taggart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond duZae County. The case is thus stated by Mr. Justice-TAXLOR: “ This action was brought to recover the money paid to de fendant'for a note and mortgage purchased from him by the plaintiff, upon the ground of fraud and misrepresentation onj defendant’s part, in the sale thereof.
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APPEAL from the Circuit Court for Fond duZae County. The case is thus stated by Mr. Justice-TAXLOR: “ This action was brought to recover the money paid to de fendant'for a note and mortgage purchased from him by the plaintiff, upon the ground of fraud and misrepresentation onj defendant’s part, in the sale thereof. The eomplaint alleges that the defendant was the owner and holder of a certain note, and a mortgage which was given to secure the payment thereof, setting out the note, which is dated May 22, 1873, and is for $500, payable £Ee years from its date, with interest payable annually at…
1Opinion of the CourtTaylor, J.
It will be seen by the complaint that the appellant seeks to rescind a contract of purchase, and recover back from the respondent the purchase money of the note and mortgage, basing his rescission upon the ground of the alleged fraudulent representations and concealment on the part of the respondent of the fact that twenty-two acres of the land described in the mortgage had been released by the respondent before the sale thereof to the appellant.
The learned counsel for the respondent insists ■ — first, that the complaint does not show that the appellant was injured by the alleged fraudulent…
2Cases cited13 opinions
- Hazleton v. Union Bank of ColumbusWisconsin Supreme Court · 1873
- Wright v. YoungWisconsin Supreme Court · 1858
- Grannis v. HookerWisconsin Supreme Court · 1871
- Teetshorn v. HullWisconsin Supreme Court · 1872
- Cunningham v. BrownWisconsin Supreme Court · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- I. L. Corse & Co. v. Minnesota Grain Co.Supreme Court of Minnesota · 1905
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1905
- Franey v. WarnerWisconsin Supreme Court · 1897
- Johnson v. BurnsideSouth Dakota Supreme Court · 1892
- Kreutzer v. LynchWisconsin Supreme Court · 1904
20 more not listed; retrieve them via the Exa API.