Williams v. Hoehle
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chables Smith, Judge. The case is fully stated in the opinion. Counsel for the appellant argued that there was no perfected gift of the piano to the plaintiff because there was no delivery. Wilson v. Carpenter, 17 "Wis. 512, 516; Crook v. First Nat. Bank, 83 id. 30, 36. Delivery after marriage could not render it valid, being then from husband to wife.
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Appeal from a judgment of the superior court of Douglas county: Chables Smith, Judge. The case is fully stated in the opinion. Counsel for the appellant argued that there was no perfected gift of the piano to the plaintiff because there was no delivery. Wilson v. Carpenter, 17 "Wis. 512, 516; Crook v. First Nat. Bank, 83 id. 30, 36. Delivery after marriage could not render it valid, being then from husband to wife. Sec. 2324, R. S.; Carpenter v. Tatr-o, 36 Wis. 297, 301. A mere intention to make a gift is not sufficient without an execution and acceptance. Thornton, Gifts, §§ 72, 73.
1Opinion of the CourtCassoday, C. J.
This in an action of replevin to recover possession of a piano which the plaintiff claims was given to her by Dr. E. P. Williams about two weeks before they were married. The defendant, as sheriff, justified the taking and detention of the piano, April 16, 1895, under an execution issued on a judgment rendered against Dr. F. P. Williams, February 23,1894, in favor of one Julia Peterson. At the close of the trial the jury returned into court, and asked if they could give a verdict for the return of the piano and not give damages. Thereupon the plaintiff’s counsel, in the absence of the…
2Cases cited2 opinions
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