Crumbly v. Bardon
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The facts will sufficiently appear from the opinion. The appeal is from an order overruling a general demurrer to the complaint.
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APPEAL from the Circuit Court for Ashland County. The facts will sufficiently appear from the opinion. The appeal is from an order overruling a general demurrer to the complaint. To the point that the statute should be strictly construed, they cited Stone To the point that tender of money due on a mortgage discharges the lien of the mortgage, he cited Garuthers v. Humphrey, 12 Mich. 278; Moynahan v. Moore, 9 id. 9; Kortright v. Cady, 21 N. Y. 343; Moore v. Gortl, 14 Wis. 213-219. It is evidently the intent of the statute to compel a discharge of a mortgage by punishing the mortgagee for his…
1Opinion of the CourtOjbtoN, J.
This is an action to recovpr the penalty provided by sec. 2256, E. S., as amended by cb. 100, Laws of 1883, for the refusal or neglect to discharge a mortgage. This statute so providing a penalty should receive a strict construction. Stone v. Lannon, 6 Wis. 497. The complaint shows that there had not been a “full performance of the conditions of the mortgage,” and this is a condition precedent to the right to recover the penalty. The plaintiff only made a tender of the mortgage money, which the defendant refused to accept, and also a satisfaction piece in due form, which he refused to…
2Cases cited1 opinion
- Stone v. LannonWisconsin Supreme Court · 1858
3Cited by12 opinions
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- State v. Columbian National Life InsuranceWisconsin Supreme Court · 1910
- Knudtson v. RobinsonNorth Dakota Supreme Court · 1908
- In re the Mortgage of AgostiniSuperior Court of Delaware · 1943
- Kronebusch v. RauminSupreme Court Of The Territory Of Dakota · 1889
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