Farr v. State Bank of Phillips
Wisconsin Supreme Court
APPEAL from the Circuit Court for Price County. This is an action for the wrongful conversion by the defendants of one span of horses, two yok'e of cattle, one cook stove, fort}1- pairs of blankets, fifteen quilts, and five sets of logging sleighs; and the plaintiff claimed title thereto under a chattel mortgage made by one Houghton, who had possession of the property when it was taken by the defendant Hunt, as sheriff, under an execution in favor •of the defendant the State…
Read the full summary
APPEAL from the Circuit Court for Price County. This is an action for the wrongful conversion by the defendants of one span of horses, two yok'e of cattle, one cook stove, fort}1- pairs of blankets, fifteen quilts, and five sets of logging sleighs; and the plaintiff claimed title thereto under a chattel mortgage made by one Houghton, who had possession of the property when it was taken by the defendant Hunt, as sheriff, under an execution in favor •of the defendant the State Bank of Phillips against said Houghton. Until the sale the property was left in and about Houghton’s barn, in charge of…
1Opinion of the CourtPinNey, J.
The only error assigned is that the court should have rendered judgment for the entire value of the property converted. In the case of Churchill v. Welsh, 47 Wis. 39, 45, the right of the defendant in an action of trover to return the property converted, where it is possible to do so, in mitigation of damages, was very fully considered, and it was there said that after suit brought the court will, under certain circumstances, permit the defendant “ to bring the property claimed into court for the plaintiff, with the costs up to that time, and will then order a stay of proceedings, or permit…
2Cases cited2 opinions
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Churchill v. WelshWisconsin Supreme Court · 1879
3Cited by4 opinions
- Cernahan v. ChrislerWisconsin Supreme Court · 1900
- Sutton v. Great Northern Railway Co.Supreme Court of Minnesota · 1906
- McGraw v. SamplinerMichigan Supreme Court · 1895
- Whittler v. SharpUtah Supreme Court · 1913