Brown v. Runals
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bane County. The complaint in this action (which was commenced on the 2d of June, 1859), alleged in substance that on the 25th of August, 1858, the plaintiff made his promissory note for $200, payable with interest October 25th, 1858; that after-wards, as collateral security for the payment of said note, then held' by the defendant, he deposited with said defendant five notes for $200 each, made by one Spaids, and a mortgage executed by…
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APPEAL from the Circuit Court for Bane County. The complaint in this action (which was commenced on the 2d of June, 1859), alleged in substance that on the 25th of August, 1858, the plaintiff made his promissory note for $200, payable with interest October 25th, 1858; that after-wards, as collateral security for the payment of said note, then held' by the defendant, he deposited with said defendant five notes for $200 each, made by one Spaids, and a mortgage executed by Spaids to secure six notes, including the five so deposited; that subsequently the plaintiff borrowed of the defendant $50,…
1Opinion of the Court
By the Court,
Cole, J.
This action was brought for the purpose of enjoining the appellant from selling certain collateral securities, consisting of several promissory notes and a mortgage on real estate, which had been deposited with him by the respondent to secure the payment of two other promissory notes mentioned in the complaint. The respondent claimed that the latter notes were paid ; and asked that the collateral securities should be given up to him. It appears that the appellant was about to proceed to sell at auction the collaterals, when the respondent made a tender and payment of the…
2Cases cited2 opinions
- Cowles v. WhitmanSupreme Court of Connecticut · 1834
- Noonan v. OrtonWisconsin Supreme Court · 1856
3Cited by9 opinions
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- Oatman v. BondWisconsin Supreme Court · 1862
- Hughes v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1904
- Tietzel v. Southwestern Const. Co.New Mexico Supreme Court · 1939
- Killingstad v. MeigsWisconsin Supreme Court · 1911
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