Miles v. Ogden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. On the 22d of November, 1873, the defendant Ogden was indebted to one R. R. Roberts upon a store account in the sum of about $1,300, to secure the payment of which, together with about $700 thereafter to. be advanced to him by R. R. Roberts, Ogden executed the note and mortgage in suit, for $2,000, on that day, and the same were taken by R. R. Roberts in the name of his daughter, Mrs. Miles, the mortgagee and the plaintiff in…
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APPEAL from the Circuit Court for Waupaca County. On the 22d of November, 1873, the defendant Ogden was indebted to one R. R. Roberts upon a store account in the sum of about $1,300, to secure the payment of which, together with about $700 thereafter to. be advanced to him by R. R. Roberts, Ogden executed the note and mortgage in suit, for $2,000, on that day, and the same were taken by R. R. Roberts in the name of his daughter, Mrs. Miles, the mortgagee and the plaintiff in this action; and the amount of the note and mortgage was credited at the time on the store books and in the account of…
1Opinion of the CourtCassoday, J.
One ground urged for reversal is, that no part of the $1,200 should have been applied as payment upon the note and mortgage, but should have been applied by the court as R. N. Roberts had credited it; that is, $200 on the bond given by Walsh & Ogden, and $1,0.00 to the credit of Ogden’s individual account at the store, notwithstanding he was only indebted thereon at the time in the sum of $357.37. But the court found as a matter of fact that Ogden paid the whole $1,200 to be applied upon his individual indebtedness, and to that finding there is no exception, further than as to the time when…
2Cases cited3 opinions
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
- Paine v. WilcoxWisconsin Supreme Court · 1862
- Wellauer v. FellowsWisconsin Supreme Court · 1880
3Cited by3 opinions
- Corcoran v. HarranWisconsin Supreme Court · 1882
- National Improvement & Construction Co. v. MaikenSupreme Court of Iowa · 1897
- Randall v. BeidleWisconsin Supreme Court · 1941