Downer v. Miller
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This was au actiou brought by Downer against Andrew Q. Miller, The Wisconsin Marine and Fire Insurance. Company Banhaná. Mitchell Steever, for au injunction and relief.
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APPEAL from the Circuit Court for Milwaukee County. This was au actiou brought by Downer against Andrew Q. Miller, The Wisconsin Marine and Fire Insurance. Company Banhaná. Mitchell Steever, for au injunction and relief. The complaint alleges, in substance, that on the 13th day of December, 1855, Mitchell Steever and George W. Clason brought am action against Joseph Shepard, Thomas Lyness and others, to foreclose a mortgage on land in Milwaukee county, executed bj Joseph Shepard and wife to Jane Garvey for $7000, and assigned to said Steever & Clason ; that on the 26th April, 1856, a decree…
1Opinion of the Court
By the Court,
Paine, J;
It is not necessary to sustain the judgment in this case upon the principle of subrogation. If Miller had simply loaned his credit to Steever to enable him to raise the money with which to pay the Lyness judgment, Miller being in no way bound to pay it, either as security or otherwise, this alone would not have entitled him to be sub-rogated to the rights of Lyness. We know of no case that has ever carried the doctrine of subrogation so far as to hold that a mere loan of money, for the purpose of enabling the borrower to pay a debt, entitles the lender to be subrogated…
2Cited by15 opinions
- Sullivan v. DoyleTexas Supreme Court · 1917
- Geib v. ReynoldsSupreme Court of Minnesota · 1886
- Levy v. MartinWisconsin Supreme Court · 1880
- Watson v. WilcoxWisconsin Supreme Court · 1876
- Kiniry v. DavisSupreme Court of Oklahoma · 1921
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