Hoeffler Manufacturing Co. v. Casualty Co. of America
Wisconsin Supreme Court
Appeals from an order and a judgment, of tbe circuit court for Milwaukee county: Oscae M. Eeitz, Circuit Judge. Tbe plaintiff brought an action of replevin and seized certain property under tbe writ, viz. one electric piano and three music rolls sold to defendant Machajewslei by plaintiff-on tbe 16th day of September, 1912, for $700. The plaintiff took an old piano at the agreed price of $200 in part payment, leaving a balance due of $500, which amount was to be paid in…
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Appeals from an order and a judgment, of tbe circuit court for Milwaukee county: Oscae M. Eeitz, Circuit Judge. Tbe plaintiff brought an action of replevin and seized certain property under tbe writ, viz. one electric piano and three music rolls sold to defendant Machajewslei by plaintiff-on tbe 16th day of September, 1912, for $700. The plaintiff took an old piano at the agreed price of $200 in part payment, leaving a balance due of $500, which amount was to be paid in monthly instalments and evidenced by twenty-five promissory notes, which notes were secured by chattel mortgage on the…
1Opinion of the CourtICeRWIN, J.
It is clear that the bond executed by the Casualty Company on delivery of the property to the defendant John F. Machajewski was not the bond required by sec. 2722, Stats. As will be seen from the statement of facts, the bond given was a bond to secure the sheriff on seizure of property under an attachment or execution.
Where property has been taken on writ of replevin, the statute, sec. 2722, provides that:
“At any time before the delivery of the property to the plaintiff the defendant may, if he do not except to the sureties of the plaintiff, require the return thereof upon giving to the…
2Cases cited7 opinions
- Drinkwine v. City of Eau ClaireWisconsin Supreme Court · 1892
- Chaffee v. SangstonSupreme Court of Pennsylvania · 1840
- Mayhew v. MatherWisconsin Supreme Court · 1892
- Dillard v. NelsonSupreme Court of Arkansas · 1906
- Wooldridge v. QuinnSupreme Court of Missouri · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wald v. MittenWisconsin Supreme Court · 1938