Woodruff v. King
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Replevin, commenced in February, 1878, by Charles E. and Adalbert AT. Woodruff for horses, the possession of which plaintiffs claim by virtue of a chattel mortgage executed to James H. Woodruff, by Woodruff & Grist, to secure the note of that firm for $232, dated November 3, 1877, payable December 23, 1877. Plaintiffs were sons of James H. Wood-ruff.
Read the full summary
APPEAL from the Circuit Court for Chippewa County. Replevin, commenced in February, 1878, by Charles E. and Adalbert AT. Woodruff for horses, the possession of which plaintiffs claim by virtue of a chattel mortgage executed to James H. Woodruff, by Woodruff & Grist, to secure the note of that firm for $232, dated November 3, 1877, payable December 23, 1877. Plaintiffs were sons of James H. Wood-ruff. Another Charles E. Woodruff, brother of James H. Woodruff, testified that in November, 1877, he was one of the firm of Woodruff & Grist, and as such executed the note and mortgage in question to…
1Opinion of the Court
■ORTON, J.
The first error complained of, that the note and mortgage, the foundation of the plaintiffs’ title, were received in evidence without proof of their execution — if error it was, which we do not decide, — was cured by the testimony of Charles E. Woodruff, taken immediately thereafter, and received without objection, in proof of their execution. Zimmerman v. Fairbank, 35 Wis., 368; McPherson v. Rockwell, 37 Wis., 159.
The objection that the assignment of the mortgage to and the ownership of the note and mortgage by the respondents were not proved, cannot be very intelligently…
2Cases cited8 opinions
- Croft v. BunsterWisconsin Supreme Court · 1859
- Booth v. AblemanWisconsin Supreme Court · 1865
- Battis v. HamlinWisconsin Supreme Court · 1868
- Warner v. HuntWisconsin Supreme Court · 1872
- Sweetzer v. MeadMichigan Supreme Court · 1858
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- National Bank of Commerce v. FeeneySouth Dakota Supreme Court · 1897
- Hoey v. PierronWisconsin Supreme Court · 1886
- Muldowney v. McCoy Hotel Co.Wisconsin Supreme Court · 1936
- People v. LaMunionMichigan Supreme Court · 1887
- Franke v. NeislerWisconsin Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.