Legal Opinion

Monitor Manufacturing Co. v. Jones

Wisconsin Supreme Court

Decided June 24, 1897PublishedCited by 8 opinions

Appeal from a judgment of the circuit court for Dodge-county: James J. Dice, Circuit Judge. Action of replevin for a lot of agricultural implements.

Read the full summary

Appeal from a judgment of the circuit court for Dodge-county: James J. Dice, Circuit Judge. Action of replevin for a lot of agricultural implements. The implements were manufactured by the plaintiff corporation, and placed in the hands of the firm of J. A. North & Sons for sale under several agency contracts, the essential-parts of which contracts were all substantially alike, and were as follows: “Monitor Manufacturing Go., of Minneapolis, Minn., and J. A. North & Sons, of Eox Lake, county of Dodge, state of Wisconsin, agree and contract, to wit: Said company hereby appoints said J. A. North…

1Opinion of the CourtWinslow, J.

The defendant’s contention is that the contracts under which the implements were placed in the hands *624of North & Sons were in fact contracts of conditional sale of the machines, and hence void as to all persons save the parties and those having actual notice thereof, because they were never filed in the office of the town or village clerk, as required by sec. 2317, R. S. This is the only substantial contention made, and, if it fails, the judgment must be affirmed.

Careful perusal of the contracts convinces us that they were commission contracts in legal effect, and not contracts of conditional…

2Cases cited1 opinion

  1. Williams Mower & Reaper Co. v. RaynorWisconsin Supreme Court · 1875

3Cited by8 opinions

  1. John Deere Plow Co. v. McDavidCourt of Appeals for the Eighth Circuit · 1905
  2. In re GaltCourt of Appeals for the Seventh Circuit · 1903
  3. Shepard v. PabstWisconsin Supreme Court · 1912
  4. Norris v. Boston Music Co.Supreme Court of Minnesota · 1915
  5. In re HarrisDistrict Court, M.D. Tennessee · 1913

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API