McDonald v. Daskam
Court of Appeals for the Seventh Circuit
Appeals from the District Court of the United States' for the Eastern District of Wisconsin. On February 23, 1897, the Wittenberg Yeneer & Panel Company, located at Wittenberg, Wis. (hereinafter called, for brevity, the bankrupt), executed to Edward Daskam, of Antigo, Wis., its note for $6,000, at one year, with interest, secured by mortgage on certain real property in the village of Wittenberg, where the bankrupt operated a lumber mill.
Read the full summary
Appeals from the District Court of the United States' for the Eastern District of Wisconsin. On February 23, 1897, the Wittenberg Yeneer & Panel Company, located at Wittenberg, Wis. (hereinafter called, for brevity, the bankrupt), executed to Edward Daskam, of Antigo, Wis., its note for $6,000, at one year, with interest, secured by mortgage on certain real property in the village of Wittenberg, where the bankrupt operated a lumber mill. The mortgage contained an insurance clause providing for insurance in the sum of $6,000 or over, the policies to be assigned to the mortgagee as collateral.…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The objection that the oral agreement respecting the insurance wa’s supplanted by the written agreement in the note of May 15, 1899, and had no application to the transaction as finally consummated, cannot be sustained. The total amount of the loan had been received by the bankrupt prior to the giving of the note. The real estate mortgage had been assigned as early as March 1, 1899, having in fact been deposited as collateral prior to that date. .At the time of giving the note the loan was consummated pursuant to the oral agreement. The change in the manner…
2Cases cited4 opinions
- Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
- Nordyke & Marmon Co. v. GeryIndiana Supreme Court · 1887
- Skobis v. FergeWisconsin Supreme Court · 1899
- Baillie v. StephensonWisconsin Supreme Court · 1897
3Cited by15 opinions
- In re Great Western Mfg. Co.Court of Appeals for the Eighth Circuit · 1907
- Union Trust Co. v. BulkeleyCourt of Appeals for the Sixth Circuit · 1907
- Sieg v. GreeneCourt of Appeals for the Eighth Circuit · 1915
- Root Mfg. Co. v. JohnsonCourt of Appeals for the Seventh Circuit · 1914
- Wilder v. WattsDistrict Court, D. South Carolina · 1905
10 more not listed; retrieve them via the Exa API.