Ward v. Henry
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Green Lake County. This was an'action by the mortgagee of'a stock of goods, against a deputy marshal of the United States, who had seized and taken away a portion of the goods -under an attachment sued out by a creditor of the mortgagor.
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APPEAL from tbe Circuit Court for Green Lake County. This was an'action by the mortgagee of'a stock of goods, against a deputy marshal of the United States, who had seized and taken away a portion of the goods -under an attachment sued out by a creditor of the mortgagor. It appeared on the trial, that some of the goods embraced in the mortgage were left in the store, after the defendant took away the portion attached, and the defendant put the following questions to the plaintiff, who had been sworn as a witness in his own behalf: “ How much money have you realized from the goods left, since…
1Opinion of the Court
By the Court,
Paine,!.
The defendants should have been allowed to show, upon the question of damages, that the *240plaintiff bad received bis mortgage debt out of tbe goods left in bis possession. When tbe action is brought by -the mortgagee against tbe mortgagor, or any other having bis rights, the rule of damages is, the amount of the mortgage debt. Parish vs. Wheeler, 22 N. Y., 511-512, 515-516. The reasons for this conclusion are fully stated in the case referred to, and it is unnecessary to repeat them. The defendant here, being an agent of attaching creditors of the mortgagor, tbe rule of…
2Cases cited1 opinion
- Parish v. . WheelerNew York Court of Appeals · 1860
3Cited by4 opinions
- Newco Land Co. v. MartinSupreme Court of Missouri · 1948
- Bailey v. GodfreyIllinois Supreme Court · 1870
- Booth v. AblemanWisconsin Supreme Court · 1865
- Ward v. HenryWisconsin Supreme Court · 1865