Bell v. Shafer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for the refusal of the defendant to deliver certain goods for which he had given a receipt to the plaintiff as sheriff. The facts are sufficiently stated in the opinion.
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APPEAL from the Circuit Court for Fond du Lao County. Action to recover damages for the refusal of the defendant to deliver certain goods for which he had given a receipt to the plaintiff as sheriff. The facts are sufficiently stated in the opinion. From a judgment entered upon the special verdict, in favor of the plaintiff, the defendant appealed. 1. A receiptor for property is not liable to the officer for its non-delivery on demand, unless the officer is liable to some one for his failure to hold or sell it on his process. Drake on Attach., §§ 370, 388; Perry v. Williams, 39 Wis., •339;…
1Opinion of the CourtOetok, J.
Where one has become a receiptor for goods levied on in attachment, he is estopped to deny that he had and still holds the possession of the goods only so far as the attachment is concerned. The receipt is a special contract of bailment, and imports liability only to the parties to the suit in which the seizure is made. Main v. Bell, 27 Wis., 517; Drake on Attach., § 381; Spencer v. Williams, 2 Vt., 209; Allen v. Butler, 9 Vt., 122. It cannot be extended beyond its terms and legal effect, which are that the goods shall be delivered to the officer on demand, or that the re-ceiptor .shall pay…
2Cases cited9 opinions
- Cornell v. . DakinNew York Court of Appeals · 1868
- Spencer v. WilliamsSupreme Court of Vermont · 1828
- Lyman v. LymanMassachusetts Supreme Judicial Court · 1814
- Whittier v. SmithMassachusetts Supreme Judicial Court · 1814
- Main v. BellWisconsin Supreme Court · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Sherman v. Menominee River Lumber Co.Wisconsin Supreme Court · 1890
- Gage v. AllenWisconsin Supreme Court · 1893
- Missinskie v. McMurdoWisconsin Supreme Court · 1900
- Trapp v. New Birdsall Co.Wisconsin Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.