Galloway v. Week
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. Action for the conversion of certain lumber. The answer, in substance, alleges that the lumber was manufactured by the defendants under a contract with the Mihills Manufacturing Company, hut was never estimated, delivered or paid for according to the contract; and that, after due demand on the company to fulfill its contract, its failure to comply, and due notice to the plaintiff, who had acquired the rights of the company…
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APPEAL from the Circuit Court for Marathon County. Action for the conversion of certain lumber. The answer, in substance, alleges that the lumber was manufactured by the defendants under a contract with the Mihills Manufacturing Company, hut was never estimated, delivered or paid for according to the contract; and that, after due demand on the company to fulfill its contract, its failure to comply, and due notice to the plaintiff, who had acquired the rights of the company in relation to the lumber, the defendants sold the lumber to save themselves from loss. The view taken by the court of…
1Opinion of the CourtCole, C. J.
It is not claimed that the plaintiff can maintain this suit unless she was the owner of the lumber which it is alleged was converted by the defendants.' That is to say, it was essential for her to show that the title to the property had passed to her, otherwise she was not entitled to recover its value. She makes title through a sale from the Mihills Manufacturing Company. The question is, Did the title and ownership of the lumber ever become so vested in that company that it could pass the property by sale to the plaintiff ? This, of course, is the vital question in the case,, and its…
2Cases cited2 opinions
- Lingham v. EgglestonMichigan Supreme Court · 1873
- Gibbs v. BenjaminSupreme Court of Vermont · 1872
3Cited by6 opinions
- Blackwood v. Cutting Packing Co.California Supreme Court · 1888
- Haynes v. Kenosha Electric Railway Co.Wisconsin Supreme Court · 1909
- Byles v. ColierMichigan Supreme Court · 1884
- H. M. Tyler Lumber Co. v. CharltonMichigan Supreme Court · 1901
- Smith v. Wisconsin Investment Co.Wisconsin Supreme Court · 1902
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