C. Aultman & Co. v. Silha
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. Action to foreclose a real-estate mortgage given by John Silha to plaintiff September 24, 1888, to secure bis notes aggregating $1,500. The facts are as follows: On the 14th of September, 1888, John Silha gave to plaintiff a written order for an engine and thresher, to be shipped to him from Canton, Ohio, in care of the company’s agent at La Crosse, “as quick as possible,” in consideration of which Silha agreed in the order to…
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APPEAL from the Circuit Court for Monroe County. Action to foreclose a real-estate mortgage given by John Silha to plaintiff September 24, 1888, to secure bis notes aggregating $1,500. The facts are as follows: On the 14th of September, 1888, John Silha gave to plaintiff a written order for an engine and thresher, to be shipped to him from Canton, Ohio, in care of the company’s agent at La Crosse, “as quick as possible,” in consideration of which Silha agreed in the order to receive the machinery on its arrival, give his notes therefor aggregating $1,500, and give as security for the notes a…
1Opinion of the CourtWiNsnow, J.
The trial court found that the transactions in question amounted simply to a conditional sale of the machinery, that the title remained in the plaintiff, and that upon retaking the same the consideration for the notes entirely failed. If the premises of the court are right, the conclusion probably follows. Hine v. Roberts, 48 Conn. 267; Bailey v. Hervey, 135 Mass. 172. It is claimed by plaintiff, on the other hand, that title to the machinery *364passed to the defendant John, and that the plaintiff’s interest therein was simply that of mortgagee. If this last contention be correct, it is manifest…
2Cases cited4 opinions
- Bailey v. HerveyMassachusetts Supreme Judicial Court · 1883
- Hine v. RobertsSupreme Court of Connecticut · 1880
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Silver Bow Mining & Milling Co. v. LowryMontana Supreme Court · 1887
3Cited by6 opinions
- Maxcy-Barton Organ Co. v. Glen Building Corp.Illinois Supreme Court · 1934
- Little v. WidenerMissouri Court of Appeals · 1930
- United States Fidelity & Guaranty Co. v. Northwest Engineering Co.Mississippi Supreme Court · 1927
- N. K. Fairbank Co. v. Illinois Central RailroadMissouri Court of Appeals · 1912
- Warnken & Co. v. Langdon Mercantile Co.North Dakota Supreme Court · 1898
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