Harter v. Christoph
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. The defendants purchased of the Aultman and Taylor Manufacturing Company a threshing machine and power, for the price of which they gave nine promissory notes executed by them jointly ; and to secure the payment of said notes the defendant Christoph executed to said company a mortgage on certain real estate; and the defendant Dunn executed a mortgage on certain personal property, for the same purpose.
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APPEAL from the Circuit Court for Winnebago County. The defendants purchased of the Aultman and Taylor Manufacturing Company a threshing machine and power, for the price of which they gave nine promissory notes executed by them jointly ; and to secure the payment of said notes the defendant Christoph executed to said company a mortgage on certain real estate; and the defendant Dunn executed a mortgage on certain personal property, for the same purpose. One-half of each of said notes was paid at or about the time it became due, by Christoph. The other half of the notes remaining unpaid, the…
1Opinion of the CourtLyON, J.
It is not claimed that the plaintiff is in any better or different position in respect to the mortgage in controversy than the mortgagee would have been in, had the mortgage not been assigned. Hence, the only question to be determined is, whether there was sufficient evidence to justify the finding of the county court that the alleged mistake in drawing the mortgage was made, and that it should have been drawn to secure the payment of but one-half of the amount of the notes.
The rule is perfectly well settled, that a court of equity will not reform a written instrument for a mistake in…
2Cases cited2 opinions
- Newton v. HolleyWisconsin Supreme Court · 1858
- Ledyard v. Hartford Fire InsuranceWisconsin Supreme Court · 1869
3Cited by16 opinions
- Jarrell v. JarrellWest Virginia Supreme Court · 1886
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- Linde v. GuddenWisconsin Supreme Court · 1901
- Smith v. AllisWisconsin Supreme Court · 1881
- Kruse v. KoelzerWisconsin Supreme Court · 1905
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