Menzies v. Dodd
Wisconsin Supreme Court
APPEAL from the Circuit Court for Roch County. Action to recover possession of six stacks of wheat, alleged to be the property of the plaintiff, and being, at the commencement of the action, “ on the farm occupied by Elizabeth Bishop and Godfrey H. Bishop,” in said county. The plaintiff obtained possession under the statute.
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APPEAL from the Circuit Court for Roch County. Action to recover possession of six stacks of wheat, alleged to be the property of the plaintiff, and being, at the commencement of the action, “ on the farm occupied by Elizabeth Bishop and Godfrey H. Bishop,” in said county. The plaintiff obtained possession under the statute. The facts, as stipulated between the parties at the trial, were as follows: The plaintiff had a chattel mortgage upon about 70 acres of wheat growing upon the farm of Mrs. Bishop, which was filed in the proper office, May 16, 1861, and was for $434 and interest. The…
1Opinion of the Court
By the Court,
Dixosr, C. J.
When the question arises as to what constitutes a sufficient delivery of goods and chattels upon a contract of sale, I think a distinction is to be taken between the rights of the vendor and vendee, and those of creditors of the vendor and subsequent purchasers from him without notice. Such distinction is plainly recognized in Butterfield v. Baker, 5 Pick., 525. In other words, I think the distinction is between what constitutes a delivery and acceptance of the goods, or a part of them, under the second subTdivision of the third section of the statute of frauds, and…
2Cases cited6 opinions
- Otis v. SillNew York Supreme Court · 1849
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Jewett v. WarrenMassachusetts Supreme Judicial Court · 1815
- Olyphant v. BakerNew York Supreme Court · 1848
- Benedict v. SmithNew York Court of Chancery · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Moors v. ReadingMassachusetts Supreme Judicial Court · 1897
- Manufacturers' Bank of Milwaukee v. RugeeWisconsin Supreme Court · 1884
- Janvrin v. MaxwellWisconsin Supreme Court · 1868
- Schneider v. KrabyWisconsin Supreme Court · 1897
- Waterman v. HantkeWisconsin Supreme Court · 1926
1 more not listed; retrieve them via the Exa API.