Legal Opinion

Durr v. Wildish

Wisconsin Supreme Court

Decided December 7, 1900PublishedCited by 16 opinions

Appeal from a judgment of the superior court of Milwaukee county: OekeN T. Williams, Judge. On April 30, 1896, Adolph Landau gave the plaintiff a chattel mortgage to secure the payment of four notes of $625 each, due November 1, 1896, May 1,1897, November 1, 1897, and May 1, 1898. This mortgage covered a stoelc •of crockery and other merchandise and trade fixtures.

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Appeal from a judgment of the superior court of Milwaukee county: OekeN T. Williams, Judge. On April 30, 1896, Adolph Landau gave the plaintiff a chattel mortgage to secure the payment of four notes of $625 each, due November 1, 1896, May 1,1897, November 1, 1897, and May 1, 1898. This mortgage covered a stoelc •of crockery and other merchandise and trade fixtures. It was duly filed May 4, 1896. It contained the following clause: “The mortgagors shall have the right to sell the goods covered by this mortgage, and add to the stock by purchasing other goods.” The mortgagor remained in…

1Opinion of the CourtBakdeem, J.

The mortgage in suit contained the following provision: “ The mortgagors shall have the right to sell goods covered by this mortgage, and add to the stock by purchasing other goods. It is especially agreed that this mortgage shall and does cover such after-acquired property.” Further than as above stated, no provision was made regarding the disposition of the proceeds of such sales. The •complaint and the evidence show that while the mortgagor was in possession he sold goods to the amount of $6,690.53, *404and expended $4,423.36 in additions to the stock; that during this period he had paid about…

2Cases cited7 opinions

  1. Blakeslee v. RossmanWisconsin Supreme Court · 1877
  2. Anderson v. PattersonWisconsin Supreme Court · 1885
  3. Place v. LangworthyWisconsin Supreme Court · 1861
  4. Charles Baumbach Co. v. HobkirkWisconsin Supreme Court · 1899
  5. Bank of Kaukauna v. JoannesWisconsin Supreme Court · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
  2. Eastman v. ParkinsonWisconsin Supreme Court · 1907
  3. Madson v. RuttenNorth Dakota Supreme Court · 1907
  4. In Re BaumgartnerCourt of Appeals for the Seventh Circuit · 1931
  5. Lake View State Bank v. JonesCourt of Appeals for the Seventh Circuit · 1917

11 more not listed; retrieve them via the Exa API.

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