Bailey v. Costello
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Richland county: Geo. Olementson, Circuit Judge. The plaintiff brought replevin to recover possession, from the defendant, of a certain horse, formerly owned by one Brenden, and mortgaged by him to the plaintiff.
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Appeal from a judgment of the circuit court for Richland county: Geo. Olementson, Circuit Judge. The plaintiff brought replevin to recover possession, from the defendant, of a certain horse, formerly owned by one Brenden, and mortgaged by him to the plaintiff. The evidence showed that, at the time the mortgage was given, Brenden lived in the town of Richland and kept the horse there, but subsequently he moved to the city of Richland Center and kept the horse in the city; that the chattel mortgage was delivered by the plaintiff to the town clerk of the town of Richland, and left with him to be…
1Opinion of the CourtPinney, J.
1. The objection to the reception in evidence, and validity, of the plaintiff’s mortgage, as against the defendant, on the ground that there was no indorsement upon it to show that it had been filed in the town clerk’s office of the town of Eichland, is untenable. In legal contemplation, the filing of the mortgage was completed when it was delivered to, received by, and left with the town clerk of the proper town. Marlet v. Hinman, 77 Wis. 140; Smith v. Waggoner, 50 Wis. 160; Goodman v. Baerlocher, 88 Wis. 297; Manhattan Co. v. Laimbeer, 108 N. Y. 590. Plaintiff ought not to suffer for the…
2Cases cited6 opinions
- President & Directors of the Manhattan Co v. LaimbeerNew York Court of Appeals · 1888
- Smith v. WaggonerWisconsin Supreme Court · 1880
- Goodman v. BaerlocherWisconsin Supreme Court · 1894
- Marlet v. HinmanWisconsin Supreme Court · 1890
- Brandt v. DanielsIllinois Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Cappon v. O'DayWisconsin Supreme Court · 1917
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- Hart v. HartWisconsin Supreme Court · 1903
- Hamilton v. Department of Industry, Labor & Human RelationsWisconsin Supreme Court · 1973
- Peterson Cutting Die Co. v. Bach Sales Co.Wisconsin Supreme Court · 1955
18 more not listed; retrieve them via the Exa API.