Baringer v. Evenson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Sauls: county: E. W. Helms, Judge. This action was brought to recover $350 damages for the-conversion of certain articles which the plaintiff claims were fixtures in the building and premises .described and owned by him and which had been occupied by the defendant as a drug store for many years, and which articles, the defendant claims;, were not fixtures, but were personal property and belonged to-llina.
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Appeal from a judgment of the circuit court for Sauls: county: E. W. Helms, Judge. This action was brought to recover $350 damages for the-conversion of certain articles which the plaintiff claims were fixtures in the building and premises .described and owned by him and which had been occupied by the defendant as a drug store for many years, and which articles, the defendant claims;, were not fixtures, but were personal property and belonged to-llina. It appears, and is undisputed, that one William H. Hopkins was the owner in fee of the building and premises-described as early as 1886; that…
1Opinion of the CourtCassoday, C. J.
1. Tbe important question presented is whether the evidence was sufficient to take the case to the jury-on the question whether any of the articles mentioned were fixtures, and henee a part of the realty and the property of the plaintiff. It is conceded that all the articles mentioned, except the furnace, were in the store building when the same was occupied by the defendant’s immediate predecessor, J. H. Whitman, in 1890, and continued in the store from that time down to the time they were removed by the defendant about April 1, 1904, and that the furnace was placed in the building by…
2Cases cited16 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Taylor v. CollinsWisconsin Supreme Court · 1881
- Second National Bank of Beloit, Wis. v. O. E. Merrill Co.Wisconsin Supreme Court · 1887
- Frankland v. MoultonWisconsin Supreme Court · 1856
- Gunderson v. SwarthoutWisconsin Supreme Court · 1899
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3Cited by5 opinions
- In Re First Wisconsin National Bank of Milwaukee v. The Federal Land Bank of St. PaulCourt of Appeals for the First Circuit · 1988
- Hannon v. KellyWisconsin Supreme Court · 1914
- Hanson v. RyanWisconsin Supreme Court · 1925
- Brobst v. MartyWisconsin Supreme Court · 1916
- In Re First Wisconsin National Bank of Milwaukee v. The Federal Land Bank of St. PaulCourt of Appeals for the First Circuit · 1988