Boyd v. Sumner
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT OF DODGE COUNTS'. This áction was commenced in the circuit court for Dodge county, on the 28th day of July, 1858, by the plaintiff, Thomas Boyd, for the foreclosure of four mortgages given by the defendant, Farnum A. Sumner, to the plaintiff.
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APPEAL FROM CIRCUIT COURT OF DODGE COUNTS'. This áction was commenced in the circuit court for Dodge county, on the 28th day of July, 1858, by the plaintiff, Thomas Boyd, for the foreclosure of four mortgages given by the defendant, Farnum A. Sumner, to the plaintiff. In and by one mortgage the mortgagor covenanted to pay thirty dollars solicitor’s fees in case ■ of foreclosure thereof; in another mortgage the mortgagor covenanted to pay the sum of twenty dollars solicitor’s fees in case of foreclosure thereof; and in another mortgage the mortgagor covenanted to pay the sum of twenty .dollars…
1Opinion of the Court
By the Court,
Paine, J.
We do not deem it necessary in this case, to decide whether the provisions in the $800 bond and mortgage, in relation to the payment of 24 per cent, in case of non-payment at the time provided, should be regarded ,as in the nature of a penalty, or ás a valid contract for interest. The twenty-four per cent, was allowed by the court below as interest. But there is nothing in the case that shows, even if this was an error, that the bank was aggrieved by it. It seems no proof at all was offered of the interest of the bank in the mortgaged premises, except what is furnished…
2Cases cited1 opinion
- Tallman v. TruesdellWisconsin Supreme Court · 1854
3Cited by7 opinions
- Tholen v. DuffySupreme Court of Kansas · 1871
- First National Bank of Stillwater v. LarsenWisconsin Supreme Court · 1884
- Jesup v. City Bank of RacineWisconsin Supreme Court · 1861
- Reed v. CatlinWisconsin Supreme Court · 1880
- Hitchcock v. MerrickWisconsin Supreme Court · 1862
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