Fisk v. Harshaw
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for the taking and conversion of goods. Defendant had seized the goods on an execution against the property of Masse & Besnah; and plaintiff claimed them as mortgagee.
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APPEAL from the Circuit Court for Winnebago County. Action for the taking and conversion of goods. Defendant had seized the goods on an execution against the property of Masse & Besnah; and plaintiff claimed them as mortgagee. The facts found by the circuit court were substantially as follows: On and prior to November 2, 1876, Masse & Besnah were wholesale and retail liquor dealers in Oshkosh; and before that day, they had made a compromise with all their creditors except Bryce & Smith, and had give composition notes, at three and six months, indorsed by the present plaintiff. To secure…
1Opinion of the CourtOktok, J.
In Cotton v. Marsh, 3 Wis., 221, this court decided that leaving the goods mortgaged in possession of the mortgagor, with instructions “ to go on and sell as usual, and make remittances to the mortgagees,” “did not of itself amount to fraud, but was a fact very proper to be left to the jury in connection with'the question of fraudulent intent.” In the subsequent cases of Place v. Langworthy, 13 Wis., 629, Steinart v. Deuster, 23 id., 136, and Blakeslee v. Rossman, 43 id., 116, it is held, in effect, that an agreement in the mortgage itself, or contemporaneous with it, that the mortgagor…
2Cases cited6 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Butts v. PeacockWisconsin Supreme Court · 1868
- Place v. LangworthyWisconsin Supreme Court · 1861
- Cotton v. MarshWisconsin Supreme Court · 1854
- Filber v. DautermannWisconsin Supreme Court · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Benedict, Hall & Co. v. Renfro Bros.Supreme Court of Alabama · 1883
- Anderson v. PattersonWisconsin Supreme Court · 1885
- Lane v. StarrSouth Dakota Supreme Court · 1890
- Wymelenberg v. Badger Furnace Co.Wisconsin Supreme Court · 1936