Legal Opinion

Ullman v. Austin

Wisconsin Supreme Court

Decided February 10, 1920Published

Appeal from a judgment of the circuit court for Milwaukee county: Byron B.' Park, Judge.' Conversion. On January 15, 1916, the American Wrecking & Salvage Company gave to the plaintiff a bill of sale, in ■ effect a chattel mortgage, upon 600,000 clean brick, ■ then piled in the yards of the salvage company in what is known as the Eighth-street yard.

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Appeal from a judgment of the circuit court for Milwaukee county: Byron B.' Park, Judge.' Conversion. On January 15, 1916, the American Wrecking & Salvage Company gave to the plaintiff a bill of sale, in ■ effect a chattel mortgage, upon 600,000 clean brick, ■ then piled in the yards of the salvage company in what is known as the Eighth-street yard. On January 19, 1916, the salvage company executed to the defendant a bill of sale of 800,000 clean brick located in the yard between Fifth and Sixth streets, and also in the Eighth-street yard. On June 5, 1916, the salvage company was adjudged…

1Opinion of the CourtRosenberry, J.

The main contention made by the plaintiff is that under the cases of Dexter v. Cole, 6 Wis. 320; Cernahan v. Chrisler, 107 Wis. 645, 83 N. W. 778; Lucas v. Sheridan, 124 Wis. 567, 102 N. W. 1077, and Taylor v. Tigerton L. Co. 134 Wis. 24, 114 N. W. 122, the defendant was guilty of conversion. It appears that the defendant sold some brick from the Eighth-street yard, and that he made some claim of title under his bill of sale to the brick located in the yard. The amount removed was found by the jury to be 50,000. There is no evidence to sustain the claim that the defendant wrongfully exercised…

2Cases cited3 opinions

  1. Cernahan v. ChrislerWisconsin Supreme Court · 1900
  2. Taylor v. Tigerton Lumber Co.Wisconsin Supreme Court · 1907
  3. Lucas v. SheridanWisconsin Supreme Court · 1905

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