Draper v. Wilson
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Wauke-sha county: M. S. G-riswold, Judge. This is an action of replevin for tbe recovery of sis and one-tentb tons of bay. Tbe action was commenced in justice’s court. 'Erom a judgment in favor of tbe plaintiff appeal was taken to tbe county court, where judgment was also rendered in favor of the plaintiff. One Erank Eaestel was a tenant on tbe farm of George Wilson, tbe defendant.
Read the full summary
Appeal from a judgment of tbe county court of Wauke-sha county: M. S. G-riswold, Judge. This is an action of replevin for tbe recovery of sis and one-tentb tons of bay. Tbe action was commenced in justice’s court. 'Erom a judgment in favor of tbe plaintiff appeal was taken to tbe county court, where judgment was also rendered in favor of the plaintiff. One Erank Eaestel was a tenant on tbe farm of George Wilson, tbe defendant. When bis term was about to terminate be sold a number of articles on tbe farm to Wilson, among which was, as designated in tbe bill of sale, “bay in barn and cow barn.”…
1Opinion of the CourtSiebecKee, J.
The evidence is ample to sustain the court in the conclusion negativing the claim of the defendant that he had purchased the hay in controversy from Eaestel, the former tenant of the farm, and hence this finding must stand. Erom this verity in the case it follows that the defendant was ■a stranger to the alleged agreement of sale of hay by the tenant to the plaintiff and that he was not a privy as to its own•ership. He had merely permitted the tenant to leave the hay on the premises for some time at the tenant’s request.
Defendant, however, seeks to interpose the defense that the plaintiff’s…
2Cases cited5 opinions
- Chicago Dock Co. v. KinzieIllinois Supreme Court · 1868
- Whiting v. GouldWisconsin Supreme Court · 1853
- Godden v. PiersonSupreme Court of Alabama · 1868
- Rickards v. CunninghamNebraska Supreme Court · 1880
- Cowan v. AdamsSupreme Judicial Court of Maine · 1833
3Cited by5 opinions
- Allison v. . SteeleSupreme Court of North Carolina · 1941
- Waynesboro Planing Mill v. Perkins Manufacturing Co.Court of Appeals of Georgia · 1926
- Borchardt v. KulickSupreme Court of Minnesota · 1951
- Laverents v. GattisWyoming Supreme Court · 1944
- Taylor v. CloudSupreme Court of Alabama · 1933