Seymour v. Colburn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Neplevin, for certain agricultural implements. The plaintiff obtained possession under tlie statute. Plaintiff claimed under a mortgage of the goods given him by one Capron, November 5, 1875, to secure Capron’s note of that date, payable in thirty days. The mortgage was duly filed; and a part of the mortgage debt remained unpaid at the commencement of the action.
Read the full summary
APPEAL from the Circuit Court for Chippewa County. Neplevin, for certain agricultural implements. The plaintiff obtained possession under tlie statute. Plaintiff claimed under a mortgage of the goods given him by one Capron, November 5, 1875, to secure Capron’s note of that date, payable in thirty days. The mortgage was duly filed; and a part of the mortgage debt remained unpaid at the commencement of the action. Defendant took the goods, with others belonging to Capron, upon an attachment against the latter in favor of one Tierney, who recovered judgment in the attachment suit for rent of…
1Opinion of the CourtRyan, C. J.
We do not understand it to be denied, indeed it could no't well be, that the appellant’s mortgage must prevail over the attachment issued to the respondent. And the only question in the case, on the merits, is, whether the respondent was protected by the pledge of the goods by Capron to Tierney, which he pleads.
Whether the transaction between Capron and Tierney would amount to a pledge, if accompanied by possession, and whether the attachment would have been a waiver of the pledge (Townsend v. Newell, 14 Pick., 332; Whittaker v. Sumner, 20 id., 399), are questions which we need not consider.…
2Cases cited1 opinion
- Hasbrouck v. City of MilwaukeeWisconsin Supreme Court · 1866
3Cited by3 opinions
- Security Warehousing Co. v. HandCourt of Appeals for the Seventh Circuit · 1906
- Geilfuss v. CorriganWisconsin Supreme Court · 1897
- Moore v. City of PlattevilleWisconsin Supreme Court · 1891