Delaney v. Brunette
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. ¡This action was commenced May 20, 1876, to foreclose a note and mortgage executed by the defendant Dominick Brunette to John Baldwin, May 23, 1856; due in one year from that date, for $925, with interest from June 30, 1856, at ten per cent., payable semi-annually.
Read the full summary
APPEAL from the Circuit Court for Brown County. ¡This action was commenced May 20, 1876, to foreclose a note and mortgage executed by the defendant Dominick Brunette to John Baldwin, May 23, 1856; due in one year from that date, for $925, with interest from June 30, 1856, at ten per cent., payable semi-annually. The note and mortgage were assigned by Baldwin to Elisha Morrow, November 10, 1862; and Morrow assigned them to the plaintiff’s intestate (Esther W. Williams), January 13, 1874. The complaint is in the usual form, alleging the recording of the mortgage and the assignments, and that no…
1Opinion of the CourtCassoday, J.
The cause having been tried by the court, the errors assigned on the ground of the improper admission-of testimony are not available upon this appeal.
Evidence was given on the part of the defendant of numerous sums of money and several articles of property Laving passed from Brunette to Morrow prior to the time *618wben’the latter assigned the note and mortgageto Williams. It is claimed on the part of the defendant that these sums of money and articles of property were applied as payments upon the note and mortgage in question. But the failure of the defendant to give dates and circumstances…
2Cases cited5 opinions
- Hayes v. FreyWisconsin Supreme Court · 1882
- Stowell v. EldredWisconsin Supreme Court · 1870
- Wiswell v. BaxterWisconsin Supreme Court · 1866
- Potter v. StranskyWisconsin Supreme Court · 1880
- Knox v. GalliganWisconsin Supreme Court · 1867
3Cited by4 opinions
- Hooker v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1890
- Holway v. SanbornWisconsin Supreme Court · 1911
- Luther v. CrawfordAppellate Court of Illinois · 1904
- Jacobson v. HammanSouth Dakota Supreme Court · 1922