Carpenter v. Momsen
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Frederick T. Pay, the appellant’s assignor, was a money broker, engaged in placing mortgage loans, for clients, upon farming lands in the states of Wisconsin, Minnesota, and the Dakotas. This business' grew to be very large. He made loans for the respondent, amounting to upward of $30,000, in upward of thirty loans.
Read the full summary
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. Frederick T. Pay, the appellant’s assignor, was a money broker, engaged in placing mortgage loans, for clients, upon farming lands in the states of Wisconsin, Minnesota, and the Dakotas. This business' grew to be very large. He made loans for the respondent, amounting to upward of $30,000, in upward of thirty loans. From time to time, as the loans were paid in, he reloaned the money. The loans-were made in the respondent’s name, and the securities were-delivered to and kept by her. They were…
1Opinion of the Court
The following opinion was filed January 28, 1896:
NewmaN, J.
The appellant concedes that generally an agent, in such relations as existed between Day and the respondent to this subject matter, could not recover at law for interest so voluntarily advanced without the knowledge of *454bis principal, but claims that equity will inquire an accounting and. repayment in cases where the property which is subject to the principal’s lien is sufficient to satisfy the demands of both principal and agent, so that after satisfying all the demands of the principal the agent may be reimbursed from the residue. It…
2Cited by5 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Peacock v. United StatesCourt of Appeals for the Ninth Circuit · 1903
- Garlick v. MorleyWisconsin Supreme Court · 1911
- Chicago, Rock Island & El Paso Railway Co. v. WertheimNew Mexico Supreme Court · 1910