First National Bank of Madison v. Damm
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pane County. The case is thus stated by Mr. Justice Oassoday: “ This is an action to foreclose a bill of sale given to secure future advances of money, and claimed to be a chattel mortgage. The makers made default. The appellants are made defendants as subsequent mortgagees.
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APPEAL from the Circuit Court for Pane County. The case is thus stated by Mr. Justice Oassoday: “ This is an action to foreclose a bill of sale given to secure future advances of money, and claimed to be a chattel mortgage. The makers made default. The appellants are made defendants as subsequent mortgagees. “The court found,in effect, that the makers, Roland and Blied, were copartners, residing in the city of Madison during the times in question; that to secure such advances they executed and delivered to the plaintiff the bill of sale, Eeb-ruary 13,1882, reciting a consideration of $2,500,…
1Opinion of the CourtCassoday, J.
The hill of sale having been given to secure the loan of money must he treated in all respects as a chattel mortgage. Lamson v. Moffat, 61 Wis. 156; Manufacturers’ Bank v. Rugee, 59 Wis. 221; Rockwell v. Humphrey, 57 Wis. 410. Being a chattel mortgage, and the makers being residents of Madison at the time of its execution and since, the filing of it in the town of Blue Mounds was of no significance, under our statute, as against the appellants or any other person than the parties thereto. Sec. 2313, R. S.; Maier v. Davis, 57 Wis. 216; Rockwell v. Humphrey, 57 Wis. 421; Manufacturers' Bank v.…
2Cases cited6 opinions
- Carter v. ReweyWisconsin Supreme Court · 1885
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Coe v. ManseauWisconsin Supreme Court · 1885
- Manufacturers' Bank of Milwaukee v. RugeeWisconsin Supreme Court · 1884
- Lamson v. MoffatWisconsin Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sayward v. ThayerWashington Supreme Court · 1894
- Gross v. HeckertWisconsin Supreme Court · 1904
- Frick Co. v. OatsSupreme Court of Oklahoma · 1908
- Watson v. First National Bank of ClarkstonWashington Supreme Court · 1914
- Sayward v. NunanWashington Supreme Court · 1893
9 more not listed; retrieve them via the Exa API.