Aschermann v. Philip Best Brewing Co.
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Action to recover damages for the unlawful conversion by the defendant, at Ludington in the state of Michigan, of 345 tons of ice, the property of the plaintiffs, of the alleged value of $3.50 per ton. The complaint is in the usual form of complaints in actions of trover. The 'answer is a general denial.
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APPEAL from tbe County Court of Milwaukee County. Action to recover damages for the unlawful conversion by the defendant, at Ludington in the state of Michigan, of 345 tons of ice, the property of the plaintiffs, of the alleged value of $3.50 per ton. The complaint is in the usual form of complaints in actions of trover. The 'answer is a general denial. The case is stated in the brief of counsel for the defendant, as follows: “ Plaintiffs had received a bill of sale of ice stored in one room of an ice-house, but did not take possession. Defendant had previously a chattel mortgage on the…
1Opinion of the CourtLyoN, J.
Both of the learned counsel, who argued the cause in this court affirm the rule of law that “ a conversion may be either, 1st, by wrongfully taking a joersonal chattel; 2d, by some other illegal assumption of ownership), or by illegally using or misusing goods; or 3d, by a wrongful detention/ ” and also that the wrongful destruction of goods by one not the owner thereof is a conversion of the goods so destroyed.
Testing by these rules the act of the defendant in opening the slides between the ice-house and the beer-room, thus wasting the ice of the plaintiff, there seems little room to doubt…
2Cases cited1 opinion
- Flanders v. CottrellWisconsin Supreme Court · 1875
3Cited by7 opinions
- McKinney v. JonesWisconsin Supreme Court · 1882
- Klaus v. KlausWisconsin Supreme Court · 1916
- Heuer v. WieseWisconsin Supreme Court · 1953
- Hopkins v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1906
- Bergland v. FrawleyWisconsin Supreme Court · 1888
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