Emerson-Brantingham Implement Co. v. Paul
Wisconsin Supreme Court
Appeal from a judgment' of tbe circuit court for Green Lake county: Cuestes, A. Eowlee, Circuit Judge. Tbis is an action to recover tbe balance due on certain notes given for tbe purchase price of a traction engine. Tbe defendant is not tbe maker of tbe notes, but it is alleged tbafc be promised in writing to pay them.
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Appeal from a judgment' of tbe circuit court for Green Lake county: Cuestes, A. Eowlee, Circuit Judge. Tbis is an action to recover tbe balance due on certain notes given for tbe purchase price of a traction engine. Tbe defendant is not tbe maker of tbe notes, but it is alleged tbafc be promised in writing to pay them. Tbe defendant’s son purchased á traction engine from tbe plaintiff for tbe sum of $2,190 in September, 1912. He turned in an old engine and made some payments in cash, in all amounting to tbe sum of $595. He gave notes for tbe balance of 'tbe purchase price. Tbe plaintiff…
1Opinion of the CourtSiebeckee, J.
By sec. 2316c, Stats. 1915, it is provided that whenever the owner of a chattel mortgage shall take and sell the chattels covered by the mortgage he shall within ten days after the sale “make and file an affidavit setting forth,” among other things, “a statement in detail of the expenses of such sale including the cost of taking and keeping the prop.erty pending the sale. A copy of the notice of sale if any shall be attached to said affidavit and be deemed a part thereof.” This court, in Hammel v. Cairnes, 129 Wis. 125, 107 N. W. 1089, declared: “The statute under consideration is not only…
2Cases cited2 opinions
- Hammel v. CairnesWisconsin Supreme Court · 1906
- Schoenmann v. HoodWisconsin Supreme Court · 1911
3Cited by1 opinion
- American Hardware Co. v. MooreWisconsin Supreme Court · 1922