Defiance Machine Works v. Gill
Wisconsin Supreme Court
Appeals from a judgment and an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action was begun in the civil court of Milwaukee county against the defendant as indorser of four certain promissory notes, all dated March 14, 1914, each for the. sum of $427.50, executed by the Mobile Hoe Company to plaintiff.
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Appeals from a judgment and an order of the circuit court for Milwaukee county: Oscar M. Fritz, Circuit Judge. This action was begun in the civil court of Milwaukee county against the defendant as indorser of four certain promissory notes, all dated March 14, 1914, each for the. sum of $427.50, executed by the Mobile Hoe Company to plaintiff. At the foot of the usual promise to pay found in ordinary promissory notes occurs this recital: “The express condition of the sale and purchase of said machinery as specified in contract is such that the title and ownership of said machinery does not…
1Opinion of the CourtOwen, J.
The defendant’s first position, as we understand it, is this: It appears upon the face of the notes that they were given by the Mobile Ploe Company as a part of the purchase price for certain machinery sold by the plaintiff to it, the title to which was reserved in the plaintiff until the full amount of the notes should be paid; the defendant, being the indorser of the notes, is entitled fo be subrogated *481to all security which the plaintiff had; that by bringing this action plaintiff has placed it beyond its power to deliver the security which it had, to wit, the contract of conditional sale,…
2Cases cited9 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Plankinton v. GormanWisconsin Supreme Court · 1896
- Knoblauch v. FoglesongSupreme Court of Minnesota · 1887
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3Cited by17 opinions
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- Fisher v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1920
- D'ANGELO v. Cornell Paperboard Products Co.Wisconsin Supreme Court · 1963
- London & Lancashire Indemnity Co. of America v. TindallIllinois Supreme Court · 1941
- Miller Saw-Trimmer Co. v. CheshireWisconsin Supreme Court · 1922
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