Gauche v. Milbrath
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. The complaint sets out a cause of action against the defendant for the conversion of a landau.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. The complaint sets out a cause of action against the defendant for the conversion of a landau. The defendant answered, alleging as a defense, in substance, that on the 5th day of July, 1893, plaintiff gave to one William Seymour a chattel mortgage on the property in dispute, to secure the payment of twenty notes for $20 each, and interest thereon at the rate of six per cent, per annum; that one of such notes was payable on the 5th day of each month after they were given; that fourteen of the notes,…
1Opinion of the CourtMaeshall, J.
Sec. 2316®, S. & B. Ann. Stats., provides that “ no sale of any personal property taken under or by virtue of any chattel mortgage, . . . except by consent of the mortgagor, his legal representatives and assigns, shall be made before the expiration of five days from the time when the same was actually taken, . . . and during such period such property shall be subject to redemption by payment of the mortgage debt, together with actual and necessary costs, and expenses of taking and keeping the property incurred at the time of making redemption. In case of any violation of the provisions of…
2Cases cited10 opinions
- Weymouth v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1863
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Hawver v. . BellNew York Court of Appeals · 1894
- Haverly v. ElliottNebraska Supreme Court · 1894
- Thompson v. AndersonSupreme Court of Iowa · 1895
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3Cited by6 opinions
- Kreutzer v. LynchWisconsin Supreme Court · 1904
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Austin v. VanderbiltOregon Supreme Court · 1906
- John O'Brief Lumber Co. v. WilkinsonWisconsin Supreme Court · 1904
- American Hardware Co. v. MooreWisconsin Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.