Musgat v. Pumpelly
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Tayloe: This action was brought to recover the possession of a piano which plaintiff alleged he was entitled to the possession of, and the defendants unlawfully detained.
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APPEAL from tbe Circuit Court for Fond du Lao County. The case is thus stated by Mr. Justice Tayloe: This action was brought to recover the possession of a piano which plaintiff alleged he was entitled to the possession of, and the defendants unlawfully detained. The answer was a general denial, and that the property belonged to the defendant Eliza W. Pumpelly, subject to a certain mortgage given to the plaintiff", and that, before the commencement of the action, she had tendered to the plaintiff the whole amount due upon such mortgage; that the tender had not been accepted by the plaintiff;…
1Opinion of the CourtTayloe, J.
In the absence of all testimony showing the circumstances under which this agreement was made, and in view of the well settled rule of law that courts in cases of doubt are disposed to hold that a contract is a mortgage rather than a conditional bill of sale, we are inclined to hold that the contract between the parties in this case, standing alone and uncontrolled by evidence of the existing relations between the parties at the time the same was executed, must be held to be a mortgage rather than a conditional sale. See Herman on Chattel Mortgages, p. 54, § 23, and cases cited; Thomas on…
2Cases cited16 opinions
- Russell v. SouthardSupreme Court of the United States · 1851
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
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3Cited by9 opinions
- Phelan v. FitzpatrickWisconsin Supreme Court · 1893
- Rockwell v. HumphreyWisconsin Supreme Court · 1883
- Talley v. EastlandCourt of Appeals of Kentucky (pre-1976) · 1935
- Jones v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Maxwell v. MooreSupreme Court of Alabama · 1891
4 more not listed; retrieve them via the Exa API.