Cline v. Libby
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Waupaca County. ’ Tbe complaint alleges that in 1877, plaintiff and one Charles R. Libby were partners in tbe business of buying and selling household furniture in tbe city of New London; that on tbe 13th of August of that year plaintiff purchased bis said co-partner’s interest in tbe business, for $690, for which be gave Ids three promissory notes, one for $200, due on the 13th of August, 1878, one for $200, due on the 13th of August, 1879,…
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APPEAL from tbe Circuit Court for Waupaca County. ’ Tbe complaint alleges that in 1877, plaintiff and one Charles R. Libby were partners in tbe business of buying and selling household furniture in tbe city of New London; that on tbe 13th of August of that year plaintiff purchased bis said co-partner’s interest in tbe business, for $690, for which be gave Ids three promissory notes, one for $200, due on the 13th of August, 1878, one for $200, due on the 13th of August, 1879, and one for $290, due August 13th, 1880, with interest at ten per cent., and all secured by a chattel mortgage upon…
1Opinion of the CourtOole, J.
The injunctional order in this case seems obnoxious to the objection taken to it by defendant’s counsel, of being a violation of the rights of the mortgagee under the mortgages, and really an attempt on the part of the learned circuit court rather to make a new contract for the parties than to enforce the one which they themselves had made. It is axiomatic in the law, that courts have no authority to make contracts for parties which will accord with judicial notions of fitness and propriety. Gibson, C. J., in Bash v. Bash, 9 Pa. St., 260. By the several mortgages, the mortgagee had the right,…
2Cases cited3 opinions
- Hall v. . SampsonNew York Court of Appeals · 1866
- Huebner v. KoebkeWisconsin Supreme Court · 1877
- Williamson v. New Albany, etc., R.U.S. Circuit Court for the District of Indiana · 1857
3Cited by13 opinions
- Lee v. FoxIndiana Supreme Court · 1888
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
- Sanger v. SlaydenCourt of Appeals of Texas · 1894
- Gage v. WaylandWisconsin Supreme Court · 1887
- Werner v. BergmanSupreme Court of Kansas · 1882
8 more not listed; retrieve them via the Exa API.