Germantown Farmers' Mutual Insurance v. Dhein
Wisconsin Supreme Court
APPEAL from the Circuit Court for Washington County. Foreclosure of a mortgage. The complaint alleges that the plaintiff is a corporation; that, through its proper officers, it loaned the defendant Valentine Dhein $3,000, for which he executed and delivered to the plaintiff his promissory note dated July 1, 1868, for that sum, with six per cent, interest, payable in two years; that the note was drawn payable to five persons (named in the complaint) “ as the directors of the…
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APPEAL from the Circuit Court for Washington County. Foreclosure of a mortgage. The complaint alleges that the plaintiff is a corporation; that, through its proper officers, it loaned the defendant Valentine Dhein $3,000, for which he executed and delivered to the plaintiff his promissory note dated July 1, 1868, for that sum, with six per cent, interest, payable in two years; that the note was drawn payable to five persons (named in the complaint) “ as the directors of the said plaintiff, or their successors in office;” that defendants executed a mortgage on certain real estate therein…
1Opinion of the CourtLyon, J.
The learned counsel for the appellant maintains that the complaint is fatally defective in the following particulars: 1st. Because it is not alleged therein that the plaintiff acted through its directors at an official meeting in' making the loan to the appellant. 2. The note and mortgage were not executed to the plaintiff, and it is not alleged that they were ever assigned or transferred to it. 3. The note and mortgage were taken in violation of the plaintiff’s charter, and are therefore void.
1. As to the first objection to the validity of the complaint, if indeed the appellant can be heard…
2Cases cited4 opinions
- Madison, Watertown & Milwaukee Plank Road Co. v. Watertown & Portland Plank Road Co.Wisconsin Supreme Court · 1859
- Rock River Bank v. SherwoodWisconsin Supreme Court · 1860
- Littlewort v. DavisMississippi Supreme Court · 1874
- Board of Supervisors v. HallWisconsin Supreme Court · 1877
3Cited by3 opinions
- Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897
- North Hudson Mutual Building & Loan Ass'n v. First National BankWisconsin Supreme Court · 1891
- Taylor v. Philadelphia & Reading RailroadUnited States Circuit Court · 1881