Wisconsin Yearly Meeting of Freewill Baptists v. Babler
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county: B. E. DuNwiddie, Circuit Judge. This is an action in equity, brought by the respondent, a corporation, to set aside the sale and transfer to the appellant of a certain promissory note and mortgage, which was the property of the respondent, and to recover the possession of the same.
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Appeal from a judgment of the circuit court for Green county: B. E. DuNwiddie, Circuit Judge. This is an action in equity, brought by the respondent, a corporation, to set aside the sale and transfer to the appellant of a certain promissory note and mortgage, which was the property of the respondent, and to recover the possession of the same. The case was tried by the court, and the evidence showed that the respondent was a religious corporation organized under ch. 23 of the Private and Local Laws of Wisconsin for 1867, and had a board of six trustees, its active officers being a president,…
1Opinion of the CourtWiNSLow, J.
It is entirely clear from the evidence in the case and from the findings of fact that the note and mortgage •in question were the property of the plaintiff corporation, and that no express authority had ever been given to Sears-to sell them. These being the facts, the defendant, Babler, could acquire no title to the note by his transaction with Sears-unless the note was negotiable paper, or unless Sears had either the apparent ownership or apparent authority to sell it, so that the corporation would be estopped to deny the act. It is quite certain that the note was not negotiable, because-by…
2Cases cited3 opinions
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Continental National Bank of Chicago v. McGeochWisconsin Supreme Court · 1889
- Meating v. Tigerton Lumber Co.Wisconsin Supreme Court · 1902
3Cited by12 opinions
- Thorp v. MindemanWisconsin Supreme Court · 1904
- Holliday State Bank v. HoffmanSupreme Court of Kansas · 1911
- First National Bank of Elgin v. RussellTennessee Supreme Court · 1911
- Meyer v. Guardian Trust Co.Court of Appeals for the Eighth Circuit · 1924
- Edelen v. First National BankCourt of Appeals of Maryland · 1921
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