Smith v. Pfluger
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse ■county: J. J. Fbuit, Circuit Judge. Action to recover on contract.
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Appeal from a judgment of the circuit court for La Crosse ■county: J. J. Fbuit, Circuit Judge. Action to recover on contract. The claim of the plaintiffs was that one Peter Pfluger, being indebted to various persons, including plaintiffs for $643.65, and possessed of some cooperage machinery, sold the same to Jolm Pfluger for $1,400, the latter agreeing to pay the purchase price to certain specified creditors of the former, including plaintiffs, so far as necessary to discharge the indebtedness to them respectively; ■that in consummating the sale the property was delivered to the vendee but…
1Opinion of the CourtMaRshalu, J.
Complaint is made by appellant because the court referred to the bill of sale to the Brewing Company and the receipt taken by it from appellant, showing such company’s only claim upon the property to be for security, as a mortgage. Counsel seem to suppose that an instrument, in form an absolute conveyance, cannot be shown to be anything else except by judicial interference in an equitable action. Such is not the general rule, especially in jurisdictions where *256the distinctions between actions at law and suits in equity have been abolished.
The mere form of an instrument cuts but very little…
2Cases cited17 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Hoile v. BaileyWisconsin Supreme Court · 1883
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Cumps v. KiyoWisconsin Supreme Court · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Meyerson v. New Idea Hosiery Co.Supreme Court of Alabama · 1927
- United States Gypsum Co. v. GleasonWisconsin Supreme Court · 1908
- M. H. Walker Realty Co. v. American Surety Co. of New YorkUtah Supreme Court · 1922
- Woodbury v. Tampa Water Works Co.Supreme Court of Florida · 1909
- In Re SachsCourt of Appeals for the Fourth Circuit · 1929
21 more not listed; retrieve them via the Exa API.