Bank of Kaukauna v. Joannes
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Outaga-mie county: JoHN G-oodland, Circuit Judge. The plaintiff brought this action against the defendants for the alleged wrongful talcing and conversion of a stock of goods, the stock in trade of Jerry Strong, and which had been mortgaged by him to the plaintiff, August 24, 1888,. for $500, with interest until paid at eight per cent, per annum, said'stock being at the time in the possession of said Strong.
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Appeal from a judgment of the circuit court for Outaga-mie county: JoHN G-oodland, Circuit Judge. The plaintiff brought this action against the defendants for the alleged wrongful talcing and conversion of a stock of goods, the stock in trade of Jerry Strong, and which had been mortgaged by him to the plaintiff, August 24, 1888,. for $500, with interest until paid at eight per cent, per annum, said'stock being at the time in the possession of said Strong. It was averred that the mortgage was filed in the office of the city clerk, of Kaukauna, where Strong resided, on the same day, and the…
1Opinion of the CourtPiNnby, J.
The conclusive inference from the facts testified to by the witnesses is that there was an implied or tacit agreement or understanding that the mortgagor was to be at liberty to use,-sell, and dispose of the mortgaged property, and apply the proceeds to his own use, in like manner as before, and as if they had not been mortgaged to the bank. It is evident that the plaintiff knew, or had the ready means of knowledge, of the manner in which Strong was dealing with the mortgaged property. Strong’s store and the stock of goods, which was not large, was next door, and within twenty feet of the…
2Cases cited1 opinion
- Anderson v. PattersonWisconsin Supreme Court · 1885
3Cited by10 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Charles Baumbach Co. v. HobkirkWisconsin Supreme Court · 1899
- Durr v. WildishWisconsin Supreme Court · 1900
- In Re BaumgartnerCourt of Appeals for the Seventh Circuit · 1931
- Lake View State Bank v. JonesCourt of Appeals for the Seventh Circuit · 1917
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