Rindskopf v. Myers
Wisconsin Supreme Court
APPEAL from the Circuit Coiu-t for Wood County. Action for the wrongful conversion of chattels. The facts will sufficiently appear from the opinion. The defendant appeals from a judgment in favor of the plaintiff. argued, among other things, that a witness cannot testify as to the intentions of anothey, but must speak from facts within his own knowledge, and not the inferences that he may draw from the facts or circumstances known to him. Bump, Eraud.
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APPEAL from the Circuit Coiu-t for Wood County. Action for the wrongful conversion of chattels. The facts will sufficiently appear from the opinion. The defendant appeals from a judgment in favor of the plaintiff. argued, among other things, that a witness cannot testify as to the intentions of anothey, but must speak from facts within his own knowledge, and not the inferences that he may draw from the facts or circumstances known to him. Bump, Eraud. Conv. 553; Pealce v. Stout, 8 Ala. 647. The debtor may testify as to his own intent. Forbes v. Waller, 25 N. T. 430. And the purchaser as to Ms…
1Opinion of the CourtTayxoe, J.
This action was brought to recover the value of a stock of goods which the plaintiff claimed to have purchased of one Hyman Nathan. The defendant, as sheriff, had seized the goods upon attachments issued by the creditors of Hyman Nathan, and the defense set up by the sheriff was a justification under such attachments, alleging that *650the sale of said stock of goods, claimed to bave been made by Nathan to the plaintiff, was fraudulent and Void as to Nathan’s creditors.
Several actions have grown out of this transaction between Rmdskopf and Nathan. One case came before this court, and is reported…
2Cases cited5 opinions
- Kelley v. Town of Fond du LacWisconsin Supreme Court · 1872
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Conner v. StanleyCalifornia Supreme Court · 1885
- Mellor v. Town of UticaWisconsin Supreme Court · 1880
- Blaut v. GablerNew York Court of Common Pleas · 1878