Legal Opinion

F. A. Patrick & Co. v. Deschamp

Wisconsin Supreme Court

Decided February 21, 1911PublishedCited by 20 opinions

Appeal from a judgment of the circuit court for Bayfield county: John X. Paeish, Circuit Judge. The action is replevin for a stock of miscellaneous goods. The plaintiffs claim as mortgagees, the defendant as owner. Some facts were undisputed upon the trial.

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Appeal from a judgment of the circuit court for Bayfield county: John X. Paeish, Circuit Judge. The action is replevin for a stock of miscellaneous goods. The plaintiffs claim as mortgagees, the defendant as owner. Some facts were undisputed upon the trial. Among these were the following: The plaintiffs are two Minnesota merchandising corporations doing business at Duluth, Minnesota, neither of ■which had filed in. the office of the secretary of state the certificate and verified statement required by see. 1170bj Stats. (1898), at the time of the transactions involved in this action. Prior to…

1Opinion of the Court

•Winslow, 0. J.

Sec. 17706 of the statutes of this state (Stats. 1898) provides, among other things, that no foreign corporation shall transact business or acquire or dispose of property in this state until it shall have filed with the secretary of state a certain certificate and verified statement therein specified and paid a prescribed fee. The question sharply presented in this case is whether the taking and foreclosing of the mortgage in question are acts of interstate commerce. If a foreign corporation sells goods and delivers them from its place of business outside of the state to a man…

2Cases cited5 opinions

  1. Greek-American Sponge Co. v. Richardson Drug Co.Wisconsin Supreme Court · 1905
  2. Stevens v. BreenWisconsin Supreme Court · 1890
  3. Loverin & Browne Co. v. TravisWisconsin Supreme Court · 1908
  4. Elwell v. Adder Machine Co.Wisconsin Supreme Court · 1908
  5. Hammel v. CairnesWisconsin Supreme Court · 1906

3Cited by20 opinions

  1. Moser Paper Co. v. North Shore Publishing Co.Wisconsin Supreme Court · 1978
  2. Puffer Manufacturing Co. v. KellySupreme Court of Alabama · 1916
  3. Wolf Co. v. KutchWisconsin Supreme Court · 1911
  4. Gander Mountain, Inc. v. Impact Industries, Inc. (In Re Gander Mountain, Inc.)United States Bankruptcy Court, E.D. Wisconsin · 1983
  5. Phœnix Nursery Co. v. TrostelWisconsin Supreme Court · 1917

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