Miller v. Hackbarth
Wisconsin Supreme Court
Aepeal from a judgment of tbe circuit court for Milwaukee county: Laws®woe W. Halsey, Circuit Judge. Action commenced in justice’s court upon affidavit alleging that defendant bad' unjustly taken and unjustly detained a •certain borse of value of $100, to possession of wbicb plaintiff was entitled.
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Aepeal from a judgment of tbe circuit court for Milwaukee county: Laws®woe W. Halsey, Circuit Judge. Action commenced in justice’s court upon affidavit alleging that defendant bad' unjustly taken and unjustly detained a •certain borse of value of $100, to possession of wbicb plaintiff was entitled. Upon appeal to circuit court tbe case was •tried de novo, and it appeared, without dispute, tbe plaintiff bad traded tbe borse in question to one August Miller for another borse, wbicb proved to be incumbered by a chattel mortgage, contrary to express representations by Miller. The borse so…
1Opinion of the CourtHodge, J.
There is no contradiction of tbe plaintiff’s evidence that be was induced to part with tbe borse in question to August Miller upon tbe representation that tbe latter owned *52tbe horse traded therefor unincumbered; nor that this statement was false and that the horse received by plaintiff in consideration of the trade was taken from him under a mortgage and wholly lost to him; nor that he demanded possession from the defendant, in whose custody he found his horse; nor that the defendant refused to give it up, as also did Mr. Arthur Cotzhausen, to whom plaintiff also applied. Upon this state of…
2Cases cited9 opinions
- Ronge v. DawsonWisconsin Supreme Court · 1859
- Kaiser v. NummerdorWisconsin Supreme Court · 1904
- Zunker v. KuehnWisconsin Supreme Court · 1902
- Booth v. RyanWisconsin Supreme Court · 1872
- Child v. ChildWisconsin Supreme Court · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jacobsen v. WhitelyWisconsin Supreme Court · 1909
- Westra v. RobertsWisconsin Supreme Court · 1914
- Richeson v. WagarMichigan Supreme Court · 1938
- Wilgrube v. NastWisconsin Supreme Court · 1922
- Bailey v. Bode Bros.Wisconsin Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.