Starin v. Newcomb
Wisconsin Supreme Court
APPEAL from the Circuit Court fox Jefferson County. The case is stated in the opinion of the court. 1. The alleged contract set up in defense is void for want of a consideration, since the plaintiff was to recover nothing thereby that was not already secured by the notes and mortgage. Bean vs. Burbank, 16 Me., 259; Tucker vs. Woods, 12 Johns., 190: Cooke vs. Oxley, 8 Term. B., 65S ; 1 Caines, 594; ChittyonCon.,25-6. 2. The contract was void because not in writing.
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APPEAL from the Circuit Court fox Jefferson County. The case is stated in the opinion of the court. 1. The alleged contract set up in defense is void for want of a consideration, since the plaintiff was to recover nothing thereby that was not already secured by the notes and mortgage. Bean vs. Burbank, 16 Me., 259; Tucker vs. Woods, 12 Johns., 190: Cooke vs. Oxley, 8 Term. B., 65S ; 1 Caines, 594; ChittyonCon.,25-6. 2. The contract was void because not in writing. E. S., 613, sec. 6; Bice vs. Peet, 15 Johns., 503; King vs. Brown, 2 Hill, 485; Yales vs. Martin, 1 Chand., 118; Withy vs. Cottle,…
1Opinion of the Court
By the Court,
Pauste, J.
This was an action to foreclose a mortgage given to secure tbe payment of $5,000 to tbe conditions of certain promissory notes. Tbe answer admits tbe making and delivery of tbe notes and mortgage as alleged, but sets up, as a defense, an agreement by wbicb tbe mortgagor was to convey to tbe mortgagee a part of tbe mortgaged premises by a quit-claim deed, having first satisfied certain judgments against bimself wbicb were a lien tbereon, and paid another mortgage wbicb was an incum-brance ; give him a lease of tbe right to maintain a hydraulic ram at a certain spring;…
2Cited by2 opinions
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