Bekkedal v. Johnson
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Yernon county: J. J. Esuit, Circuit Judge. Tbe complaint was in form to recover on a promissory note beld by a receiver of a private bank.
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Appeal from a judgment of tbe circuit court for Yernon county: J. J. Esuit, Circuit Judge. Tbe complaint was in form to recover on a promissory note beld by a receiver of a private bank. Defendant, for a first defense, pleaded that a chattel mortgage, given to secure tbe note, came therewith to tbe possession of the receiver; that thereunder be took tbe property described therein January 1, 1903, and in April, 1.904, sold tbe same without public notice, whereby, under sec. 2316a, Stats. 1898, both tbe note and mortgage became extinguished. Eor a further defense tbe same facts were pleaded and…
1Opinion of the Court
Mabshaix, T.
Sec. 2316a, Stats. 1898, provides that property tahen under a chattel mortgage shall not be sold within five days after the taking without the mortgagor’s consent; that any person aggrieved by a violation thereof may recover of the violator actual damages and $25 in addition as liquidated damages, and that in case of any such property being sold at private sale without public notice, or sold within the five-day period without the mortgagor’s consent, the mortgage indebtedness shall be deemed paid and the mortgage canceled. It will thus be seen that the answer contained a good…
2Cases cited3 opinions
- Peninsular Lead & Color Works v. Union Oil & Paint Co.Wisconsin Supreme Court · 1898
- Eau Claire National Bank v. MacauleyWisconsin Supreme Court · 1898
- Vreeland v. WaddellWisconsin Supreme Court · 1896
3Cited by2 opinions
- Duxstad v. DuxstadWyoming Supreme Court · 1908
- Hammel v. CairnesWisconsin Supreme Court · 1906