Boyd v. Beaudin
Wisconsin Supreme Court
APPEAL from the Circuit Court for Raeine County. The case is thus stated by Mr. Justice Taylob : “This action was brought to recover the amount alleged to he due upon two promissory notes made by the defendant Beaudin as principal, and indorsed by the defendant Roissy, payable to the plaintiff, dated April 23, 1879; payable, ore on September 10, 1879, and the other on July 10, 1880. It is alleged in the complaint that the notes were given in part payment for a vessel known…
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APPEAL from the Circuit Court for Raeine County. The case is thus stated by Mr. Justice Taylob : “This action was brought to recover the amount alleged to he due upon two promissory notes made by the defendant Beaudin as principal, and indorsed by the defendant Roissy, payable to the plaintiff, dated April 23, 1879; payable, ore on September 10, 1879, and the other on July 10, 1880. It is alleged in the complaint that the notes were given in part payment for a vessel known as the Josephine, sold by the plaintiff to the defendant Beaudin. The complaint states facts sufficient to charge the…
1Opinion of the CourtTaylor, J.
We see no reason why the court has not jurisdiction of the subject matter of this counterclaim. It may be that when a mortgagor seeks to redeem from a chattel mortgage, and recover the possession of the mortgaged property from the mortgagee in possession, he can accomplish the purpose in an action at law by first tendering the amount due on the mortgage, and bringing his action of replevin to recover the possession of the property. But this is not an adequate remedy when any part of the mortgaged property has been destroyed or unlawfully sold by the mortgagee. In such case the mortgagor has…
2Cases cited15 opinions
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Wright v. YoungWisconsin Supreme Court · 1858
- Dietrich v. KochWisconsin Supreme Court · 1874
- Willard v. ReasWisconsin Supreme Court · 1870
- Cady v. ShepardWisconsin Supreme Court · 1860
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Metzler v. JamesSupreme Court of Colorado · 1888
- Bergmann v. RollWisconsin Supreme Court · 1928
- Klinkert v. Fulton Storage & Mercantile Co.Wisconsin Supreme Court · 1902
- Gauche v. MilbrathWisconsin Supreme Court · 1897
4 more not listed; retrieve them via the Exa API.