Warder v. Baldwin
Wisconsin Supreme Court
APPEAL from the-Circuit Court for Dane County. The case is thus stated by Mr. Justice Tayloe: “The action was brought in a justice’s court to recover the value of a reaper which it is alleged that defendant unlawfully took from the possession of plaintiffs and converted to his own use.
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APPEAL from the-Circuit Court for Dane County. The case is thus stated by Mr. Justice Tayloe: “The action was brought in a justice’s court to recover the value of a reaper which it is alleged that defendant unlawfully took from the possession of plaintiffs and converted to his own use. The complaint avers the value of the reaper to be $125, and claims damages to the amount of $150. It also alleges, by way of special damage, that whilst defendant detained the reaper in his possession, plaintiffs had an opportunity of selling it, and did in fact enter into an agreement for its sale, and that,…
1Opinion of the CourtTa.ylob, J.
The reaper in controversy in this action was, as appears from the evidence, in the possession of Taylor Bros, at the time the same was seized by the deputy of the respondent, and it was in their possession as owners and mortgagors. There is nothing in the evidence which shows that, as to this reaper, the Taylor Bros, or Towne had any possession of it as the agents of the plaintiffs, for sale or otherwise. It shows nothing further than that the Taylor Bros, were the owners in possession, subject to the mortgage of the plaintiffs. As mortgagors of the property in possession they could not bind…
2Cases cited6 opinions
- Gill v. RiceWisconsin Supreme Court · 1861
- Ford v. SmithWisconsin Supreme Court · 1870
- Emmons v. DoweWisconsin Supreme Court · 1853
- Churchill v. WelshWisconsin Supreme Court · 1879
- Perry v. WilliamsWisconsin Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Schneck v. Mutual Service Casualty InsuranceWisconsin Supreme Court · 1963
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- De Votie v. McGerrSupreme Court of Colorado · 1890
- Dwelling-House Insurance v. JohnsonSupreme Court of Kansas · 1891
- Tonkawa Milling Co. v. Town of TonkawaSupreme Court of Oklahoma · 1905
14 more not listed; retrieve them via the Exa API.