Legal Opinion

Mowry v. First National Bank

Wisconsin Supreme Court

Decided January 10, 1882PublishedCited by 2 opinions

APPEAL from the Circuit Court for Sauk County. This action was brought to determine the rights of the plaintiff in and to a large amount of chattel .property and notes mortgaged and pledged by his assignor, the ’Wonewoc Manufacturing Company, to the Reedsbnrg Bank (which is a banking copartnership composed of the defendants D. B. Rudd,F. 0. Rudd, Greene, Geffert and Lush), and to the defendant the First National Bank of Baraboo. The record is very voluminous.

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APPEAL from the Circuit Court for Sauk County. This action was brought to determine the rights of the plaintiff in and to a large amount of chattel .property and notes mortgaged and pledged by his assignor, the ’Wonewoc Manufacturing Company, to the Reedsbnrg Bank (which is a banking copartnership composed of the defendants D. B. Rudd,F. 0. Rudd, Greene, Geffert and Lush), and to the defendant the First National Bank of Baraboo. The record is very voluminous. The following is a statement of the case as the same appears in the pleadings, proofs, findings of fact and judgment: The Wonewoc…

1Opinion of the CourtLyon, J.

The object and purpose of this action is to obtain an adjudication that the plaintiff, as assignee of the mortgagor, has an equity of redemption in the property mortgaged and pledged by his assignor, the manufacturing company, to the two banks respectively. Except as to the notes pledged to the Baraboo bank and sold to Briggs, the judgment fully establishes' such equity of redemption in the plaintiff; for it determines that there has been no effectual foreclosure of either mortgage, and adjudges that the defendants must account to the plaintiff for the value, at the time of seizure, of the…

2Cited by2 opinions

  1. Trustees of St. Clara Female Academy v. Delaware InsuranceWisconsin Supreme Court · 1896
  2. Mowry v. First National Bank of BarabooWisconsin Supreme Court · 1886

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