Endress v. Shove
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Door county: S. D. Hastings, Jr., Circuit Judge. Action to bar the dower right of the wife of Theodore G. Shove in real estate, mortgaged by them April 12, 1892, to secure payment of a note of $4,000 made on that day by Mr. Shove, payable April 12, 1895, and to obtain a personal judgment against him.
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Appeal from a judgment of the circuit court for Door county: S. D. Hastings, Jr., Circuit Judge. Action to bar the dower right of the wife of Theodore G. Shove in real estate, mortgaged by them April 12, 1892, to secure payment of a note of $4,000 made on that day by Mr. Shove, payable April 12, 1895, and to obtain a personal judgment against him. The complaint alleged payment of $2,000 on May 4,1892, and that the balance of the principal of the note, with interest according to its terms, was due. It was further alleged that on October 15,1892, one Harvey F. Hubbard obtained a judgment…
1Opinion of the CourtMaRshall, J.
The trial court determined the amount due upon the note the mortgage was given to secure according to its terms. We are unable to discover any error in that. True, the note was given, as the court found the fact to be, in part for another note, and it was not sufficient to cover the latter after allowing for $2,000 which the court decided appellant agreed to loan on the former. But it was -competent for the parties, if they saw fit, to treat the new note and the security for its payment, to the extent of $2,000, as a full equivalent for thé old note secured by the policies of insurance. One…
2Cases cited5 opinions
- Jesup v. City Bank of RacineWisconsin Supreme Court · 1861
- Cary v. WheelerWisconsin Supreme Court · 1861
- Hill v. BuffingtonWisconsin Supreme Court · 1900
- Sauer v. SteinbauerWisconsin Supreme Court · 1861
- Walton v. GoodnowWisconsin Supreme Court · 1861
3Cited by8 opinions
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Shepard v. VincentWashington Supreme Court · 1905
- Ogden v. BradshawWisconsin Supreme Court · 1915
- Cavadini v. LarsonWisconsin Supreme Court · 1933
- Koepke v. WinterfieldWisconsin Supreme Court · 1902
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