Carter v. Smith
Wisconsin Supreme Court
-APPEAL from the Circuit Court for Winnebago County. Action for the wrongful talcing and conversion by defendants of a quantity of logs. On the 9th of May, 1867, one Cunningham, being indebted to plaintiffs, executed to them a bill of sale of said logs, valued at $6,000. This sum exceeding the amount of plaintiffs’ demands against Cunningham by $833.33, they gave him their note for $800, and the remainder, $33.33, was left standing on account.
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-APPEAL from the Circuit Court for Winnebago County. Action for the wrongful talcing and conversion by defendants of a quantity of logs. On the 9th of May, 1867, one Cunningham, being indebted to plaintiffs, executed to them a bill of sale of said logs, valued at $6,000. This sum exceeding the amount of plaintiffs’ demands against Cunningham by $833.33, they gave him their note for $800, and the remainder, $33.33, was left standing on account. On the same day, Chapman & Dan-forth commenced a suit against Cunningham upon contract, garnished the plaintiffs, and subsequently in the garnishee…
1Opinion of the CourtCole, J.
This case must turn upon the correctness of the seventh and eighth instructions given the jury at the request of the plaintiffs. For it is very apparent, if the proposition of law involved in those instructions be sound, then the other questions in the case become immaterial, and' the judgment must be affirmed. That proposition is, in substance, that if a person recovers judgment in a garnishee proceeding against the purchaser of property for any portion of the consideration money, he cannot afterward proceed and treat the sale as void. In this case it appears that Chapman and Danforth have…
2Cases cited2 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Williams v. MorehouseSupreme Court of Connecticut · 1833
3Cited by7 opinions
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Bank of Commerce v. PAINE, WEBBER, J. & C.Wisconsin Supreme Court · 1968
- Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
- Tyler County State Bank v. ShiversTexas Commission of Appeals · 1928
- Standard Varnish Works v. HaydockCourt of Appeals for the Sixth Circuit · 1906
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