Otto v. Durege
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This was an action to have a note which'had been executed by the plaintiffs, declared void, a judgment which had been rendered thereon in March 1860, in favor of the defendant in this action, vacated, and proceedings under the execution which had been issued upon the judgment, stayed.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. This was an action to have a note which'had been executed by the plaintiffs, declared void, a judgment which had been rendered thereon in March 1860, in favor of the defendant in this action, vacated, and proceedings under the execution which had been issued upon the judgment, stayed. The court, before which the action was tried without a jury, found the following facts: On the 10th of November, 1859, the plaintiffs in this action executed to the order of one Carl Winkler their note, payable March 1, 1860, for $200 with interest at twelve…
1Opinion of the Court
By the Court,
Dixon, O. J.
The questions involved in this case are confined to the conclusions of law upon the facts found. The facts are not contested. The judge found that Yon'JDeutsch, the agent of the defendant Durege, purchased the note in question without knowledge of its origin or the purpose for which it was executed. The court is of opinion upon these facts, that the transaction was not usurious, and that the defendant is entitled to recover from the plaintiffs the principal and interest specified in the note.— Upon well settled principles, and avoiding the confusion introduced by…
2Cases cited4 opinions
- Holmes v. WilliamsNew York Court of Chancery · 1843
- Gale v. GrannisIndiana Supreme Court · 1857
- Law's ex'ors v. SutherlandSupreme Court of Virginia · 1849
- Judy v. GerardU.S. Circuit Court for the District of Indiana · 1848
3Cited by8 opinions
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Anderson v. Creamery Package Manufacturing Co.Idaho Supreme Court · 1902
- Kessel v. CohenWest Virginia Supreme Court · 1927
- First National Bank of Milwaukee v. PlankintonWisconsin Supreme Court · 1870
- Dickerman v. DaySupreme Court of Iowa · 1871
3 more not listed; retrieve them via the Exa API.