Potter v. Stransky
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kewaunee County. Action to foreclose a mortgage on lands in Kewaunee county, executed by David Youngs and Charles L. Fellows to Moses Miller, August 26, 1857, to secure the payment of a promissory note of even date therewith, made by the mortgagors to the mortgagee or bearer, for $500, and 12 per cent, interest, payable eighteen months after date.
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APPEAL from the Circuit Court for Kewaunee County. Action to foreclose a mortgage on lands in Kewaunee county, executed by David Youngs and Charles L. Fellows to Moses Miller, August 26, 1857, to secure the payment of a promissory note of even date therewith, made by the mortgagors to the mortgagee or bearer, for $500, and 12 per cent, interest, payable eighteen months after date. The action was commenced in 18Y7. * The question in controversy is, whether the plaintiff or the defendant Wyta Stransl&y is the owner of the mortgage in suit. The material facts, as shown by the pleadings, evidence…
1Opinion of the CourtLyon, J.
I. The first question to be determined is, Can the plaintiff, if otherwise entitled to recover, maintain this action as surviving partner of the late firm of Williams & Potter; or should it have been brought in the name of the plaintiff and the heirs or personal representatives of the deceased members of that firm? The circuit court held that the plaintiff cannot maintain the action as such surviving partner. The ruling was doubtless based upon the language of *241the assignment by Moses Miller of the note and mortgage in suit, through which the plaintiff claims. That assignment is as follows: “…
2Cases cited5 opinions
- Fallass v. PierceWisconsin Supreme Court · 1872
- Wiswell v. BaxterWisconsin Supreme Court · 1866
- Edgerton v. SchneiderWisconsin Supreme Court · 1870
- Kennedy v. KnightWisconsin Supreme Court · 1867
- Curtis v. MohrWisconsin Supreme Court · 1864
3Cited by8 opinions
- Hayes v. FreyWisconsin Supreme Court · 1882
- Marling v. NommensenWisconsin Supreme Court · 1906
- Morgan v. South Milwaukee Lake View Co.Wisconsin Supreme Court · 1897
- Cerney v. PawlotWisconsin Supreme Court · 1886
- Roach v. Sanborn Land Co.Wisconsin Supreme Court · 1908
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