Farmers' & Millers' Bank of Milwaukee v. Detroit & Milwaukee Railroad
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. . This action was brought to recover damages resulting from the negligence of the defendant in transporting various lots of flour received by it from the plaintiff at Milwaukee in this state, to be transported to the city of New York. The complaint contained no allegation as to the manner in which the plaintiff became possessed' of the flour.
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APPEAL from the County Court of Milwaukee County. . This action was brought to recover damages resulting from the negligence of the defendant in transporting various lots of flour received by it from the plaintiff at Milwaukee in this state, to be transported to the city of New York. The complaint contained no allegation as to the manner in which the plaintiff became possessed' of the flour. The defendant admitted the receipt of the flour and its undertaking to transport the same, but denied the negligence and the damages alleged. On the trial, the defendant objected to the introduction of…
1Opinion of the Court
By the Court,
DixoN, C. J.
We think the doctrine of Blunt vs. Walker, 11 Wis., 334, applicable to this case, and that the plaintiff might lawfully have acquired the title to the flour through the medium of a loan of money previously made. It might have done so as purchaser, bidding in order to realize its own debt at a sale upon execution, or at a sale under *375a mortgage or pledge, if sucb security had been taken. One of the modes in which banking associations are expressly authorized to carry on business is, “ by loaning money on real and personal securities.” R. S., ch. 71, sec. 4. This…
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