Allen v. Kennedy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Action to recover possession of certain personal property seized by the defendant, the sheriff of Iowa coukty, by virtue of a writ of attachment issued at the suit of one Moffett against Ann Cork and her two sons, Fred and Joseph. The plaintiff claims the property by virtue of a chattel mortgage thereon, executed to him in January, 1878, by said Corks, to secure a debt. The mortgage was duly filed in the proper office.
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APPEAL from the Circuit Court for Iowa County. Action to recover possession of certain personal property seized by the defendant, the sheriff of Iowa coukty, by virtue of a writ of attachment issued at the suit of one Moffett against Ann Cork and her two sons, Fred and Joseph. The plaintiff claims the property by virtue of a chattel mortgage thereon, executed to him in January, 1878, by said Corks, to secure a debt. The mortgage was duly filed in the proper office. The case is further stated in the opinion. The plaintiff had a verdict, and judgment was entered in accordance therewith; from…
1Opinion of the CourtLyoN, J.
1. A defect of parties plaintiff is alleged in tlie answer, and it is claimed on behalf of the defendant that such defect was proved on the trial. The first error assigned is the refusal of the court to nonsuit the plaintiff for that reason.
The established facts" are, that the plaintiff and one Toay were partners in trade for several years. Toay died in 1867 or 1868, and the plaintiff continued the business as before, but in his own name, for the benefit of himself and the estate of Toay, until after the chattel mortgage in question was executed. This was done at the request of the…
2Cases cited1 opinion
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
3Cited by4 opinions
- Gates v. Northern Pacific RailroadWisconsin Supreme Court · 1885
- Waterman v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Chicago Coffin Co. v. MaxwellWisconsin Supreme Court · 1887
- Desmond v. PierceWisconsin Supreme Court · 1925