Chynoweth v. Tenney
Wisconsin Supreme Court
APPEAL FROM CIRCUIT COURT, DANE COUNTY. This action was brought by Thomas Chynoweth against D. K. Tenney, Wm. M. Pyncheon, and Joseph Reese, to recover a quantity of harness, &c. The complaint was in the usual form under the code, in an action to recover property wrongfully taken, &c.
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APPEAL FROM CIRCUIT COURT, DANE COUNTY. This action was brought by Thomas Chynoweth against D. K. Tenney, Wm. M. Pyncheon, and Joseph Reese, to recover a quantity of harness, &c. The complaint was in the usual form under the code, in an action to recover property wrongfully taken, &c. The answer was a general denial; also a special answer, justifying under a chattel mortgage, made to R. H. Hartly & Co., to secure the payment of a promissory note, for $500, under which they claimed to act, as the agents of Hartly & Co. The other facts in the case can be readily gathered from the opinion of the…
1Opinion of the Court
By the Court,
PaiNU, J.
The decision of this case depends upon the effect to be given to a chattel mortgage, given by the appellant, which describes the property in these words: "All my stock of harnesses, whips, saddles, and other mer*399chandize, now on hand manufactured, or such as shall he manufactured, or bought and contained in the shop or store occupied by me,” &c. It contained also a power of entry and seizure on default, &c.
The defendants, as agents of the mortgagees, took possession, subsequently, of the property in the shop, which, however, the proof showed to have been bought by the…
2Cases cited2 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Hamilton v. RogersCourt of Appeals of Maryland · 1855
3Cited by17 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Quick v. MilliganIndiana Supreme Court · 1886
- Crown Castle USA, Inc. v. Orion Construction Group, LLCWisconsin Supreme Court · 2012
- Lamson v. MoffatWisconsin Supreme Court · 1884
- Merchants' & Mechanics' Savings Bank v. LovejoyWisconsin Supreme Court · 1893
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