Estey v. Snyder
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. Replevin for an organ which had been sold by the plaintiffs, through their agent Hills, to the defendant for the agreed price of $130. Fifty-five dollars of the purchase price was paid at the time of the sale, and the balance, payable one year thereafter, was secured, by a chattel mortgage or conditional bill of sale of the organ, executed by the defendant to the plaintiffs.
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APPEAL from the Circuit Court for Waukesha County. Replevin for an organ which had been sold by the plaintiffs, through their agent Hills, to the defendant for the agreed price of $130. Fifty-five dollars of the purchase price was paid at the time of the sale, and the balance, payable one year thereafter, was secured, by a chattel mortgage or conditional bill of sale of the organ, executed by the defendant to the plaintiffs. The original mortgage was sent by the agent to the plaintiffs, and a copy was duly filed in the office of the town cleric of the town in which the defendant resided.…
1Opinion of the Court
Cole, O. J.
The only litigated question in this case was, Had the agent Hills authority to collect from the defendant money secured by the chattel mortgage, and to discharge the obligation, so as to bind the plaintiffs by his acts in that regard? If he had such authority expressly ■conferred, or if the plaintiffs had permitted him to collect money due and unpaid for organs which he had sold, and it was customary for him to collect such money, then there was no error in the trial court directing a verdict for the defendant; for in that event it is evident that the defendant was the owner of the…
2Cited by1 opinion
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