Leary v. Leary
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The case is sufficiently stated in the opinion. contended that the plaintiff had failed to show that he was the real party in interest, as he was bound to do. Getzlaff v. Seliger, 43 Wis. 302. There being no express trust, he could not sue as trustee.
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APPEAL from the Circuit Court for Brown County. The case is sufficiently stated in the opinion. contended that the plaintiff had failed to show that he was the real party in interest, as he was bound to do. Getzlaff v. Seliger, 43 Wis. 302. There being no express trust, he could not sue as trustee. Kimball v. Spicer, 12 Wis. 668; Bobbins v. Dev-erill, 20 id. 142; Carpenter v. Taimo, 36 id. 297; Tate v. 0. & M. B. Co. 10 Ind. 174; Oonyngham v. Smith, 16 Iowa, 471. A new trial ought not to have been granted, the newly discovered evidence being merely cumulative, and the plaintiff not having…
1Opinion of the CourtTaylor, J.
This action was brought to foreclose a mortgage given by Daniel Leary and wife to Cornelius Leary, father of Daniel Leary, to secure the payment of $400 and *665interest. A promissory note was given by Daniel Leary for the $-100, interest at five per cent. The note and mortgage were dated January 1, 1872; the note became due January 1,1878. The note and mortgage were assigned by the mortgagee, Cornelius Leary, to the respondent, his son, James Leary. The mortgage and note were given by Daniel Leary to his father in part payment for 160 acres of land conveyed by Cornelius to him.
The answer admits…
2Cases cited12 opinions
- Webb v. MeloyWisconsin Supreme Court · 1873
- Loucheine v. StrouseWisconsin Supreme Court · 1880
- Huse v. WashburnWisconsin Supreme Court · 1884
- Crocker v. CurrierWisconsin Supreme Court · 1886
- Morris v. NilesWisconsin Supreme Court · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- G. Amsinck & Co. v. Springfield Grocer Co.Court of Appeals for the Eighth Circuit · 1925
- Jahn v. Champagne Lumber Co.U.S. Circuit Court for the District of Western Wisconsin · 1908
- Second National Bank of St. Paul v. LarsonWisconsin Supreme Court · 1891
- Nowell v. International Trust Co.Court of Appeals for the Ninth Circuit · 1909
4 more not listed; retrieve them via the Exa API.