Hill v. Merriman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. The following statement of the case was prepared by Mr. Justice Cassodat: This action was brought to recover damages for '700 bushels of oats alleged to have been wrongfully taken from the possession of the plaintiff, December 1,1884, by the defendants, and converted to their own use.
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APPEAL from the Circuit Court for Waushara County. The following statement of the case was prepared by Mr. Justice Cassodat: This action was brought to recover damages for '700 bushels of oats alleged to have been wrongfully taken from the possession of the plaintiff, December 1,1884, by the defendants, and converted to their own use. The taking and conversion of 608 bushels of the oats is admitted and justified under three several chattel mortgages, each purporting to have been executed by the plaintiff to the defendant Mer-riman in consideration of the sum therein named to the plaintiff ill…
1Opinion of the CourtCassoday, J.
It is conceded that thirty-eight acres of the oats had not been sown, or at least were not in existence, when the mortgage filed in May, 1884, was given; and hence that that mortgage was to that extent inoperative. As to whether the balance of the oats were in existence at that time, the evidence was in conflict, and the jury determined the question in favor of the plaintiff. All the mortgages were offered in evidence on the part of the. defendants and received by the court. The defendants also gave evidence to the effect that nothing had been paid on any of the mortgages; that Merrimam was…
2Cases cited6 opinions
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