Haben v. Harshaw
Wisconsin Supreme Court
APPEAL from the County Court of Winnebago Comity. Replevin. The goods in controversy formed part of the stock in trade of F. X. Haben & Co., and are valued at about $75. Plaintiff claims them by virtue of a chattel mortgage from the firm. Defendant justifies as sheriff under an attachment sued out by certain creditors of said firm. The members of this firm were F. X. ITaben and his father-in-law, James Nagle.
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APPEAL from the County Court of Winnebago Comity. Replevin. The goods in controversy formed part of the stock in trade of F. X. Haben & Co., and are valued at about $75. Plaintiff claims them by virtue of a chattel mortgage from the firm. Defendant justifies as sheriff under an attachment sued out by certain creditors of said firm. The members of this firm were F. X. ITaben and his father-in-law, James Nagle. The business of the firm was that of a retail grocery, Nagle furnishing most of the capital. He was an old man, incapable of active business, and lived with Haben. The store in which the…
1Opinion of the CourtOetoN, J.
It seems to us that the uncontradicted evidence in this case very conclusively proved that the original indebtedness for which the chattel mortgage of the firm of F..X. Haben & Oo. was given to the plaintiff, was the indebtedness of the firm, and this the jury maybe presumed-to have found; and therefore most of the errors complained of became immaterial, and were cured by the verdict.. It was certainly competent to show, by the manner in which the firm conducted their business, that this indebtedness arose out of it, and that it was partnership indebtedness; and therefore the questions…
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- McLaren v. First National Bank of MilwaukeeWisconsin Supreme Court · 1890
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