Gassner v. Marquardt
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bernik Couutj. The following statement of the case was prepared by Mr. Justice Cassoday : It appears from the record that on or about December 12, 1888, the mare in question was stolen from the plaintiff. He thereupon offered a reward of $25 to any one who would return the mare to him, or for information that should lead to her recovery, and double the sum for the thief.
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APPEAL from the Circuit Court for Bernik Couutj. The following statement of the case was prepared by Mr. Justice Cassoday : It appears from the record that on or about December 12, 1888, the mare in question was stolen from the plaintiff. He thereupon offered a reward of $25 to any one who would return the mare to him, or for information that should lead to her recovery, and double the sum for the thief. On or about December 17, 1888, the defendant purchased the mare from the ^supposed thief. On or about January 9, 1889, the plaintiff learned that the mare was in the possession of the…
1Opinion of the CourtCassoday, J.
It appears from the undisputed evidence that the plaintiff was the owner of the mare, and that she had been stolen from him, as stated. This being so, the defendant acquired no title by his supposed purchase. The only color of defense is to the effect that the defendant had delivered the mare to one Gust, who claimed the right *581to the reward offered, prior to the commencement of this action, and on the morning of the same day on which it was commenced. But there is plenty of evidence tending to prove what is partially admitted by the defendant, in effect, that on the evening before such…
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