Ely v. Daily
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wauhesha County. Action to foreclose a mortgage given to secure a note for $1,000, with interest at'ten per cent., dated January 26, 1869. The first year’s interest was retained by the plaintiff out of the amount loaned.
Read the full summary
APPEAL from the Circuit Court for Wauhesha County. Action to foreclose a mortgage given to secure a note for $1,000, with interest at'ten per cent., dated January 26, 1869. The first year’s interest was retained by the plaintiff out of the amount loaned. There were three payments of interest, of $100 each, found indorsed upon the note at the time of the trial; the first indorsement being without date, the second dated February 11, 1871, and the third February 10, 1872. There was also an indorsement of $1,003.33, as paid February 7, 1873. The plaintiff claimed that on the day last named there…
1Opinion of the CourtRyan, C. J.
The only defense in this cause is payment. And upon that issue there is conflicting evidence, so nearly balanced that we are unable to hold that there is a preponderance one way or the other. Had the question been submitted to a jury, no court, for aught that appears in this record, would think of disturbing a verdict for either party.
This case is a witness to the wisdom of C. J. Dixon’s comments in Snyder v. Wright, 13 Wis., 689, on the unfitness of submitting mere issues of fact to this court. To us, the depositions here are impersonal. We have no means of weighing the witnesses or…
2Cases cited2 opinions
- Snyder v. WrightWisconsin Supreme Court · 1861
- Murphy v. DunningWisconsin Supreme Court · 1872
3Cited by16 opinions
- Pierce v. ManningSouth Dakota Supreme Court · 1892
- Cunningham v. BrownWisconsin Supreme Court · 1878
- Johnson v. GoultWisconsin Supreme Court · 1900
- James v. CutlerWisconsin Supreme Court · 1882
- La Coursier v. RussellWisconsin Supreme Court · 1892
11 more not listed; retrieve them via the Exa API.