Sanger v. Guenther
Wisconsin Supreme Court
APPEAL from the Superior Court of MilwavJcee County. Garnishment in aid of an execution issued on a judgment in favor of the plaintiff and against the Ereie Presse Company, L. B. Boeder, and M. L. Boeder, upon a promissory note executed by them June 16,1884. Said judgment was rendered March 26, 1885, and this proceeding by garnishment was instituted December 2, 1886. The garnishee denied all liability as such, and issue was taken on his answer.
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APPEAL from the Superior Court of MilwavJcee County. Garnishment in aid of an execution issued on a judgment in favor of the plaintiff and against the Ereie Presse Company, L. B. Boeder, and M. L. Boeder, upon a promissory note executed by them June 16,1884. Said judgment was rendered March 26, 1885, and this proceeding by garnishment was instituted December 2, 1886. The garnishee denied all liability as such, and issue was taken on his answer. Upon the trial of such issue it appeared that on May 10,1884, the Ereie Presse Company had gi ven a chattel mortgage upon its personal property to the…
1Opinion of the CourtCole, C. J.
The counsel for the respondent is fully justified in' insisting that this case, in all its essential facts, is the same as Standard Paper Co. v. Guenther, 67 Wis. 101. The cases cannot be distinguished in principle. The findings of fact by the trial court abundantly sustain this view. The head-note in the Standard Paper Case correctly states the principle decided in the following language: “ "When the mortgagee of chattels delays the filing of his mortgage at the request of the mortgagor and in order that the credit of the latter may not be injured, he is estopped to assert such mortgage as…
2Cases cited1 opinion
- Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886
3Cited by6 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Hutchinson v. NelsonSupreme Court of Kansas · 1901
- Barber v. Reina Nash Motor CompanyWyoming Supreme Court · 1953
- Waterman v. HantkeWisconsin Supreme Court · 1926
- E. L. Essley Machinery Co. v. First Trust Co.Wisconsin Supreme Court · 1915
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