Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1897-12-15
More RambusCh Cases

On Wednesday, December 1, the case of
Arthur Maldaner VS.. George w Smith came on
for trial. In 1889 Mr.. Smith, who lives in Bur-
nett, gave a note and mortgage to W. T. Ram
busch for $1,000. Rambusch sold the note and
mortgage to Henry Maldaner, Sr., of Water
town. Smith paid the note and interest in
four payments and took Rambusch's receipt
therefor. The last payment was made in 1913.
Rambusch then returned to him mutilated
note which Mr.. Smith thought was the original
paper, his name being torn off. He told Smith
that he burned the mortgage. The mortgage
was satisfied upon the records in the regis
ter 5 office. In the meantime Rambusch paid the
interest regularly 30 Hr. Maldaner and after
the death of Mr.. Madaner, to Mrs. Maldaner.
There was one payment of $500 also credited on
the note held by Maldaner. The plaintiff,
Arthur Maldaner, is the son of Henry Madam
er. The mortgage was assigned to him by the
executors of his fathers estate. The action
was brought to recover the balance of 81 500
and some interest due on the note Geo. Lines,
OF Milwaukee, appeared for the plaintiff, and
Malone & Bachhuber for the defendant. Judge
Dick has the matter under consideration.
The case of Henrietta Winkelmann against
Heinrich Brickert was tried December 3. The
action was brought to recover 81, 100 alleged to
be due on a note and mortgage given by Brick
ert to VIM. Baker and afterwards sold to Mrs
Winkelmann, a resident of Watertown. Theo
P Hemmy conducted the assignment and paid
the interest annually to Mrs. Winkelman
through the Bank of Juneau. Brickert paid
the interest TO Rambusch and Rambusch
turned it over to the bank. He also paid $500
of the principal to Mr.. Rambusch and took his
receipt therefor. This Mr. Rambusch failed
to turn over, and instead of owing $500 balance,
as he supposed he still owed 81, 100 on the note.
Judge Dick decided the case in favor of Mrs.
Winkelman on the ground that ambusch
acted as the agent of Mr. Brickert and was not
the agent of Mrs Winkelman Harlow Pease
appeared for Mrs. Winkelman and Malone 6
Bachhuber for Brickert.
The case of Theo. P. Hemmy as administra-
tor, de bonis non, of the estate of Lucinda
Cutler, deceased, against George Hawkins,
was on trial Friday, December 8. w. t. Ram
busch was the executor of the last will and
testament of Mrs Cutler, and as such executor
he borrowed s., 500 from Mr.. Hawkins upon his
note and turned over to him mortgage be-
longing to the estate security for the pay
ment of the note. Rambusch never turned the
money over to the estate and his bondsmen
made application to have administrator de
bonis non appointed, and brought action
to compel Mr.. Hawkins to satisfy the mort
gage. Malone & Bachhuber and Judge Sawyer,
of Hartford, appeared for the estate and con-
tended that Rambusch could not bind the estate
by giving such note. Mr.. Pease appeared in
defense of Mr.. Hawkins and maintained that
as Rambusch gave the note executor or
administrator, the estate is liable for the pay
ment. Each side cited long list of authori
ties and decisions in support of their position
Judge Dick will examine them and render g
decision.-Juneau Telephone.