Shepardson v. Green
Wisconsin Supreme Court
APPEAL from tlie County Court of Milwaulcee County. Action for damages for a conversion by defendant of a lot of coal alleged to be the property of plaintiff.
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APPEAL from tlie County Court of Milwaulcee County. Action for damages for a conversion by defendant of a lot of coal alleged to be the property of plaintiff. In October, 1864, X. Y. & Co., coal dealers in Milwaukee, to secure the plaintiff, who had signed with them as surety a note for $5,000, assigned to him a bill of lading for 200 tons of coal, which was then in transitu; and on the 1st of November following, said coal being then in their possession, they gave plaintiff a warehouse receipt for the same with other coal. The coal conveyed by said receipt was kept in the yard of X. Y. &Co.,…
1Opinion of the CourtDixon, C. J.
It is obvious to us that the act concerning warehouse receipts and bills of lading (Laws of 1860, ch. 340), was not intended to repeal or in any manner to modify the general law (R. S., ch. 107, sec. 9) as to the requisites and 'validity of mortgages of personal property. If it had been so intended, it is easy to foresee the many evils which must have resulted. Instead of protecting the public against the fraudulent acts of warehousemen, wharfingers, masters of boats and vessels, and the officers and agents of railroad, express and transportation companies, as was the design, it would have…
2Cases cited1 opinion
- Single v. PhelpsWisconsin Supreme Court · 1866
3Cited by3 opinions
- Shepardson v. CaryWisconsin Supreme Court · 1871
- Murphey v. ShepardsonWisconsin Supreme Court · 1884
- Adams v. Merchants' National BankU.S. Circuit Court for the District of Indiana · 1880