Legal Opinion

Welch v. Sackett

Wisconsin Supreme Court

Decided June 15, 1860PublishedCited by 45 opinions

ERROR to the Circuit Court for Dane County. The plaintiffs helow, who composed two firms, doing business under the names respectively of /Sackett, Belcher & Oo. and Widdefield, Cohn fy Co., sued the defendant Welch for trespass in taking and carrying away from a building occupied as a store by one Harding, certain goods, alleged to belong to the plaintiffs. The answer was, 1st. A general denial. 2d.

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ERROR to the Circuit Court for Dane County. The plaintiffs helow, who composed two firms, doing business under the names respectively of /Sackett, Belcher & Oo. and Widdefield, Cohn fy Co., sued the defendant Welch for trespass in taking and carrying away from a building occupied as a store by one Harding, certain goods, alleged to belong to the plaintiffs. The answer was, 1st. A general denial. 2d. As to a part of the goods, particularly described, that the defendant took the same, as the agent of J. Dahlman & Co., by virtue of a mortgage executed to them by said Harding, and filed on the…

1Opinion of the Court

By the Court,

Dixon, C. J.

The first question involved in this case, I think, was correctly decided. It seems, to me clear that the concurrent execution and delivery of the two chattel mortgages made the mortgagees tenants in common of the property conveyed. The legal effect was the same as it would have been if the goods had been mortgaged to them by one instrument, to be held by them as a security for their respective claims, and the proceeds, in case of a sale; to be divided between them in proportion to the amounts thereof severally. If an absolute sale of a chattel were to be made at one…

2Cases cited4 opinions

  1. Merrills v. SwiftSupreme Court of Connecticut · 1847
  2. Frisbee v. LangworthyWisconsin Supreme Court · 1860
  3. Cooper v. JacksonWisconsin Supreme Court · 1856
  4. McCourt v. MyersWisconsin Supreme Court · 1859

3Cited by45 opinions

  1. Prutsman v. BakerWisconsin Supreme Court · 1872
  2. Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
  3. Hibberd v. SmithCalifornia Supreme Court · 1885
  4. Campbell v. ThomasWisconsin Supreme Court · 1877
  5. Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871

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