Stone v. Lannon
Wisconsin Supreme Court
ERROR TO THE MILWAUKEE CIRCUIT COURT. This was an action on the case npon section 39, chapter 59, of the revised statutes, for the refusal to discharge a mortgage, after due demand and tender. On the trial it appeared that in the' year 1842, one John Dunn mortgaged apiece of land in Waukesha county to the defendant, Lannon, which mortgage was duly recorded.
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ERROR TO THE MILWAUKEE CIRCUIT COURT. This was an action on the case npon section 39, chapter 59, of the revised statutes, for the refusal to discharge a mortgage, after due demand and tender. On the trial it appeared that in the' year 1842, one John Dunn mortgaged apiece of land in Waukesha county to the defendant, Lannon, which mortgage was duly recorded. Also that the plaintiff is now the owner of the land, having acquired title from Dunn, through several mesne conveyances, allofwhich are recorded. Plaintiff also proved a demand made through his agent, George Cogswell, upon defendant, on…
1Opinion of the Court
JBy the Gouri,
Whiton, O. J.
We are of opinion that the instructions of the judge to the jury were correct. We suppose there can be no doubt that the verbal agreement which Lannon made to execute the discharge of the mortgage would not bind him.
But even if we should regard the agreement as binding upon him, and so capable of being the foundation of an action for damages, we should still be of opinion that this action could not be sustained. The action is brought upon a statute, to recover, what we must consider as a penalty; the statute, therefore, must receive a strict construction.
It gives…
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- Crumbly v. BardonWisconsin Supreme Court · 1888
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