McCourt v. Myers
Wisconsin Supreme Court
ERROR TO CIRCUIT COURT, WINNEBAGO COUNTY. This was an action brought by the defendants in error against the plaintiff in error, for the value of a stock of goods, mortgaged to them by Michael T. Reardon; and of the value of about $3,000. The facts of the case as proved are stated by the court in its opinion.
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ERROR TO CIRCUIT COURT, WINNEBAGO COUNTY. This was an action brought by the defendants in error against the plaintiff in error, for the value of a stock of goods, mortgaged to them by Michael T. Reardon; and of the value of about $3,000. The facts of the case as proved are stated by the court in its opinion. After the plaintiffs had closed their testimony, the defendant below made a motion for a nonsuit on the following grounds: 1. That the mortgage was not on file at the time of the sale and delivery of the goods to defendant. 2. That there was no proof that Reardon, the mortgagor, resided…
1Opinion of the Court
By the Court,
Cole, J.
This is a contest between the vendee and mortgagees of personal property. It is very *241manifest that the defendants in error, in order to recover in the action in the court below, should establish the validity of the chattel mortgage given them by Reardon, so as to defeat the sale made by him to the plaintiff in error. The material facts relating to the giving of the mortgage and the sale of the goods to McCourt, may be briefly stated as follows:
M. T. Reardon, of Oshkosh, being indebted to the defendants in error, who were merchants, doing business in the city of New York,…
2Cited by4 opinions
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