Miller v. Palmer
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas county: Chables Smith, Judge. In May, 1893, the plaintiff was engaged in the business of selling sewing machines, at Duluth, Minnesota. He was handling the machines manufactured by the White Sewing-Machine Company.
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Appeal from a judgment of the superior court of Douglas county: Chables Smith, Judge. In May, 1893, the plaintiff was engaged in the business of selling sewing machines, at Duluth, Minnesota. He was handling the machines manufactured by the White Sewing-Machine Company. He, as principal, and the defendant with others, as sureties, executed to the White Sewing-Machine Company a bond in the penal, sum of $3,000, conditioned to pay to the obligee, or its assigns, “ any and every indebtedness or liability now existing or which may hereafter exist or be incurred by the said Miller.” After the…
1Opinion of the CourtNewman, J.
In order to recover in an action for the conversion of goods, the plaintiff must have the title, general or special, of the goods, and the right of immediate possession. 26 Am. & Eng. Ency. of Law, 744. Whether the transaction by which the goods came to the possession of the defendant be considered the creation of a trust to apply the proceeds of the goods and accounts to the payment of the plaintiff’s debt to the sewing-machine company, or a mortgage for the security and indemnity of the sureties on his bond, it transferred the title to the goods. Hill v. Merriman, 72 Wis. 483. The…
2Cases cited9 opinions
- Patterson v. WrightWisconsin Supreme Court · 1885
- Myer v. Wheeler & Co.Supreme Court of Iowa · 1884
- Weintz v. HafnerIllinois Supreme Court · 1875
- Bidault v. WalesSupreme Court of Missouri · 1855
- Burge v. Cedar Rapids & Mo. R. R.Supreme Court of Iowa · 1871
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3Cited by2 opinions
- Eubanks v. Missouri National Life InsuranceMissouri Court of Appeals · 1930
- Holleb Liquor Distributors, Inc. v. Lincoln Fireproof Warehouse Co.Wisconsin Supreme Court · 1936