Funk v. Paul
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Boole County. TLe case is thus stated by Mr. Justice Cassoday : “ The following facts appear from the record: “ January 3, 1883, one Peter Gleim borrowed of the defendant $750, and gave to him therefor his note for the amount, due in one year, secured by chattel mortgage on certain personal property therein described, including 1 six (6) milch cows ’ in Gleim’s possession, on his farm, by that description, and no other.
Read the full summary
APPEAL from tbe Circuit Court for Boole County. TLe case is thus stated by Mr. Justice Cassoday : “ The following facts appear from the record: “ January 3, 1883, one Peter Gleim borrowed of the defendant $750, and gave to him therefor his note for the amount, due in one year, secured by chattel mortgage on certain personal property therein described, including 1 six (6) milch cows ’ in Gleim’s possession, on his farm, by that description, and no other. That mortgage was duly filed in the proper office on the day it was given. Four of the cows were with calf, and dropped their calves in…
1Opinion of the CourtCassoday, J.
It has long been settled that “ a grant of that which a grantor has potentially, though not actually, is good.” Grantham v. Hawley, Hob. (132) 286; Fonville v. Casey, 1 Murph. 389; S. C. 4 Am. Dec. 559; McCarty v. Blevins, 5 Yerg. 195; S. C. 26 Am. Dec. 262. In this state a chattel mortgage given upon a crop of grain at or about the time it is sown, and before it is up, or has any appearance of a growing crop, is wholly inoperative upon such crop when grown. Comstock v. Scales, 7 Wis. 159; Lamson v. Moffat, 61 Wis. 153. But where such chattel mortgage *39has been given after the seed sown has…
2Cases cited14 opinions
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Bay v. CoddingtonNew York Court of Chancery · 1821
- Kellogg v. LovelyMichigan Supreme Court · 1881
- Forman v. ProctorCourt of Appeals of Kentucky · 1848
- Lamson v. MoffatWisconsin Supreme Court · 1884
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Minneapolis Iron Store Co. v. BranumNorth Dakota Supreme Court · 1917
- Merchants' & Mechanics' Savings Bank v. LovejoyWisconsin Supreme Court · 1893
- Shoobert v. De MottaCalifornia Supreme Court · 1896
- Rogers v. HighlandSupreme Court of Iowa · 1886
- Demers v. GrahamMontana Supreme Court · 1907
10 more not listed; retrieve them via the Exa API.