Bartel v. Brown
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county; J. A. BaeNet, Judge. Action to recover a statutory penalty for failure to discharge a mortgage made by plaintiff August 17, 1894, to W. T. Rambusch, to secure the payment of $1,000 with six per cent, interest thereon payable semi-annually, the due date of the note being October 1, 1897, with a privilege of paying $500 of the principal October 1, 1896. Both principal and interest were payable at the Citizens’ Bank of…
Read the full summary
Appeal from a judgment of the county court of Dodge county; J. A. BaeNet, Judge. Action to recover a statutory penalty for failure to discharge a mortgage made by plaintiff August 17, 1894, to W. T. Rambusch, to secure the payment of $1,000 with six per cent, interest thereon payable semi-annually, the due date of the note being October 1, 1897, with a privilege of paying $500 of the principal October 1, 1896. Both principal and interest were payable at the Citizens’ Bank of Juneau, Wisconsin. The mortgage was assigned to the defendant by the mortgagee through the First National Bank of…
1Opinion of the CourtMaeshall, J.
The most important assignment of error presented for consideration is that the court erred in not setting aside the verdict for want of evidence to support the finding that Rambusch was defendant’s agent to collect, from plaintiff on the note and mortgage. The pretense on the part of respondent that such an agency existed was the basis of his cause of action. The finding to that effect was necessary to the recovery. We will notice in detail the evidence in the record upon which such finding was- made.
Harvey, cashier of the Ei-rst National Bank of Beaver Dam, the bank through which defendant…
2Cases cited8 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Smith v. . KiddNew York Court of Appeals · 1877
- Ward v. SmithSupreme Court of the United States · 1869
- Hills v. . PlaceNew York Court of Appeals · 1872
- Bank of Montreal v. IngersonSupreme Court of Iowa · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Chase v. Commerce Trust Co.Supreme Court of Oklahoma · 1923
- Marling v. NommensenWisconsin Supreme Court · 1906
- Bacot v. South Carolina Loan & Trust Co.Supreme Court of South Carolina · 1925
- Loizeaux v. FremderWisconsin Supreme Court · 1904
- Marling v. JonesWisconsin Supreme Court · 1909
19 more not listed; retrieve them via the Exa API.