Gore v. Brucker
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: U. S. Gilson, Circuit Judge. It appears from tbe record and tbe findings of tbe court, in effect, that May 31, 1894, the defendant Sklute gave to one Eeldman a chattel mortgage purporting to secure tbe payment of a note for $3,343.76, due May 23, 1895, held by Eeldman; that such mortgage was executed with an oral agreement between the parties thereto that Sklute might remain in possession of tbe property,…
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Appeal from a judgment of tbe circuit court for Eond du Lac county: U. S. Gilson, Circuit Judge. It appears from tbe record and tbe findings of tbe court, in effect, that May 31, 1894, the defendant Sklute gave to one Eeldman a chattel mortgage purporting to secure tbe payment of a note for $3,343.76, due May 23, 1895, held by Eeldman; that such mortgage was executed with an oral agreement between the parties thereto that Sklute might remain in possession of tbe property, and continue to sell tbe same in the usual course of business, and apply -the proceeds to bis own use without accounting…
1Opinion of the CourtCassoday, C. J.
Each of the chattel mortgages mentioned contained the usual clause to the effect that, if the party of the second part should at any time deem himself insecure, then it should be lawful, and the mortgagor thereby expressly authorized the second party, his heirs or assigns, or his authorized agent, to take the property, and hold, sell, or dispose of the same and all equity of redemption therein, at public auction or private sale, with or without notice, and on such terms as he might see fit, retaining the amount due and interest and expenses incurred, returning the surplus money, if any there…
2Cases cited12 opinions
- La Crosse National Bank v. WilsonWisconsin Supreme Court · 1889
- Bates v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Smith v. WeeksWisconsin Supreme Court · 1884
- Edwards v. RoepkeWisconsin Supreme Court · 1889
- Gage v. WaylandWisconsin Supreme Court · 1887
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3Cited by3 opinions
- Eau Claire National Bank v. Chippewa Valley BankWisconsin Supreme Court · 1905
- Evans v. RectorWisconsin Supreme Court · 1900
- Hussa v. SikorskiWisconsin Supreme Court · 1898