Dickson v. Cole
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. It appears by the pleadings that on the 7th of June, 1860, the plaintiff was indebted to the defendant in the sum of one thousand dollars, and that, for the purpose of securing the same, he transferred to the defendant four promissory notes, secured by three mortgages on real estate, on which there was then unpaid over thirteen hundred dollars of principal, and some interest.
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APPEAL from the Circuit Court for Dane County. It appears by the pleadings that on the 7th of June, 1860, the plaintiff was indebted to the defendant in the sum of one thousand dollars, and that, for the purpose of securing the same, he transferred to the defendant four promissory notes, secured by three mortgages on real estate, on which there was then unpaid over thirteen hundred dollars of principal, and some interest. The defendant agreed to use due diligence in collecting said notes and mortgages, and, retaining the amount of plaintiff’s indebtedness to him, to pay over the surplus, if…
1Opinion of the CourtLyon, J.
The questions raised by the motion for a nonsuit are the principal questions which are presented by this appeal for our determination.
It is claimed that a purely legal action, or action at law, cannot be maintained on the allegations of this complaint; but that the cause of action therein stated is one in equity for an accounting. The case is simply this: A debtor transfers to his creditor certain notes and mortgages as security for the debt, and the latter agrees to use due diligence in the collection thereof, , to retain the amount of the indebtedness and reimburse himself for the costs and…
2Cases cited2 opinions
- Troy & Rutland Railroad v. KerrNew York Supreme Court · 1854
- Sexton v. RhamesWisconsin Supreme Court · 1860
3Cited by7 opinions
- Cook v. . GuirkinSupreme Court of North Carolina · 1896
- Nash v. HoxieWisconsin Supreme Court · 1884
- McLaughlin v. AlexanderSouth Dakota Supreme Court · 1891
- Kersten v. WeichmanWisconsin Supreme Court · 1908
- Boutin v. LindsleyWisconsin Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.