Paine v. Benton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action to recover possession of the steamer “Albany,” which the plaintiffs claim as owners, with damages for its detention. The answer contains a general denial of the allegations of the complaint, and, for a further defense, alleges that, at the commencement of the action, defendant was in possession of the steamer as agent of W. H. Leeman, who had purchased the same under a chattel mortgage executed to himself by Thomas.
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APPEAL from the Circuit Court for Winnebago County. Action to recover possession of the steamer “Albany,” which the plaintiffs claim as owners, with damages for its detention. The answer contains a general denial of the allegations of the complaint, and, for a further defense, alleges that, at the commencement of the action, defendant was in possession of the steamer as agent of W. H. Leeman, who had purchased the same under a chattel mortgage executed to himself by Thomas. P. Benton. Reply, that said mortgage was without consideration, and was made by Thomas P. Benton for the purpose • of…
1Opinion of the CourtDixosr, C. J.
The rule of Follett v. Heath, 15 Wis., 601, is not to be extended beyond the facts in the case then before the court. The facts there were, that the mortgage gave a totally false description of the note intended to be secured, or which was so claimed. The description was false and foreign in every particular, save that the names of the parties to the note, maker and payee, were correctly given. The note described differed, in amount, date and time of payment, altogether from that held by the mortgagee.
There is no such departure from a correct description in the present case. The mortgage does…
2Cases cited2 opinions
- McKinster v. . BabcockNew York Court of Appeals · 1863
- Follett v. HeathWisconsin Supreme Court · 1862
3Cited by15 opinions
- City of Madison v. MayersWisconsin Supreme Court · 1897
- First National Bank v. OppenheimerWashington Supreme Court · 1923
- Hanley v. KraftczykWisconsin Supreme Court · 1903
- Close v. HodgesSupreme Court of Minnesota · 1890
- Weber v. IllingWisconsin Supreme Court · 1886
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