Pound v. Roan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Replevin, for a span of horses. Plaintiffs purchased the horses of one E. Allen, who purchased them of one Mahoney. Defendants' took them from plaintiffs by virtue of a chattel mortgage on them, executed by Saul & Daily to the defendant Martin. When the mortgage was executed, Saul & Dally owned the team; and they had made default in the payment of the debt secured by the mortgage when the defendants took possession thereof.
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APPEAL from the Circuit Court for Chippewa County. Replevin, for a span of horses. Plaintiffs purchased the horses of one E. Allen, who purchased them of one Mahoney. Defendants' took them from plaintiffs by virtue of a chattel mortgage on them, executed by Saul & Daily to the defendant Martin. When the mortgage was executed, Saul & Dally owned the team; and they had made default in the payment of the debt secured by the mortgage when the defendants took possession thereof. The principal question of fact litigated on the trial was, Had Martin authorized Mahoney to sell the team to Allen? The…
1Opinion of the CourtLyoN, J.
On the vital question in the case, whether Ma-honey was authorized by the defendant Martin to sell the team to Allen, the testimony is conflicting. It is .quite unnecessary to set out the testimony, or even to express an opinion as to its relative weight. It is sufficient to say that, after a careful examination thereof, we find ourselves unable to hold that the learned circuit judge abused the discretion which the law confers up„on him in such cases, when he granted a new trial of the action.
But we think the new trial should only have been granted on the terms that the plaintiffs pay the…
2Cases cited3 opinions
- Emmons v. SheldonWisconsin Supreme Court · 1870
- Baxter v. PayneWisconsin Supreme Court · 1845
- Carroll v. MoreWisconsin Supreme Court · 1872
3Cited by14 opinions
- Lines v. City of MilwaukeeWisconsin Supreme Court · 1911
- Smith v. LanderWisconsin Supreme Court · 1880
- Schraer v. StefanWisconsin Supreme Court · 1891
- Smith v. Taylor-Button Co.Wisconsin Supreme Court · 1923
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
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