Legal Opinion

Mack v. Prang

Wisconsin Supreme Court

Decided September 26, 1899PublishedCited by 12 opinions

Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge.'' This is an action of foreclosure of a note and mortgage for $2,500 executed June 10, 1892, by the - defendant Marie J. Prmg and her husband, “William Prang, and delivered to obe Herman S. Mack, and assigned by him, to the plaintiff as guardian of Alma Mack, December 19, 1894, and before maturity.

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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge.'' This is an action of foreclosure of a note and mortgage for $2,500 executed June 10, 1892, by the - defendant Marie J. Prmg and her husband, “William Prang, and delivered to obe Herman S. Mack, and assigned by him, to the plaintiff as guardian of Alma Mack, December 19, 1894, and before maturity. The mortgage covered real estate in the city of Milwaukee, which was the property of the defendant Marie Prang, and both note and mortgage were given, to secure payment of an indebtedness then owing by the…

1Opinion of the Court

The following opinion was filed June 22, 1899:

WiNslow, J.

It is admitted that this was a mortgage given by the wife upon her own property to secure the debt of her husband, but it is claimed by the appellant that there was not sufficient evidence to establish the defense of duress. We cannot agree with this contention. The defendant William had been for several years a traveling salesman for Herman S. Mack, the original mortgagee, and was short in his accounts to the amount of $5,000. The evidence of both Mame and William Prang was to the effect that both Mack and his bookkeeper personally…

2Cases cited9 opinions

  1. Fairbanks v. SnowMassachusetts Supreme Judicial Court · 1887
  2. Wolff v. BluhmWisconsin Supreme Court · 1897
  3. City National Bank v. KuswormWisconsin Supreme Court · 1894
  4. Shufeldt v. PeaseWisconsin Supreme Court · 1863
  5. City National Bank of Dayton v. KuswormWisconsin Supreme Court · 1895

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Arnd v. SjoblomWisconsin Supreme Court · 1907
  2. Rochester Machine Tool Works v. WeissWisconsin Supreme Court · 1901
  3. Burton v. McMillanSupreme Court of Florida · 1906
  4. Hodge v. WallaceWisconsin Supreme Court · 1906
  5. Price v. Bank of PoynetteWisconsin Supreme Court · 1910

7 more not listed; retrieve them via the Exa API.

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