(DOWNLOAD) "American Medical Services v. Mutual" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: American Medical Services v. Mutual
- Author : Supreme Court of Wisconsin
- Release Date : January 29, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The appeal in case number 291 is from an order entered by Circuit Judge Gramling dismissing the complaint for a declaratory
judgment of the American Medical Services, Inc. (Medical Services). The appeal in case number 292 is from orders entered by
Circuit Judge Voss in a mortgage foreclosure action commenced by Mutual Federal Savings & Loan Association (Mutual Federal).
The first order appointed a receiver to receive and invest monthly instalment payments made on the mortgage during the pendency
of the action. The second order clarified the first order. In its complaint for declaratory relief Medical Services alleges it is the owner of a nursing home in River Hills upon which
Mutual Federal has several mortgages. It alleges a written contract, made after the mortgages were in default, in which Mutual
Federal agreed not to accelerate the payments of the notes so long as certain new conditions were met. It is alleged such
conditions have been met but nevertheless Mutual Federal did on October 7, 1969, contrary to the terms of the agreement, declare
the mortgage notes due and payable forthwith. Medical Services then brought the action for declaratory judgment to determine
the rights of the parties under the notes, mortgages, and agreements. Mutual Federal demurred to the complaint on the ground
it stated no cause of action; and the trial court sustained the demurrer and dismissed the complaint for the reason that any
judgment declaring rights would not terminate the controversy.