Wadleigh v. Buckingham
Wisconsin Supreme Court
APPEALS from the Circuit Court for Portage County. Replevin for a large quantity of pine lumber, alleged' to be of the value of $7,181.67, and which it is alleged the de-fenclant -wrongfully took froui the possession of the plaintiff on November 2, 1889, and has ever since unlawfully detained, to the plaintiff’s damage $2,000. The defendant, both as a defense and as a counterclaim, alleged in substance that on May 23,1889, the firm of A. P. Vaughn & Co. made a voluntary…
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APPEALS from the Circuit Court for Portage County. Replevin for a large quantity of pine lumber, alleged' to be of the value of $7,181.67, and which it is alleged the de-fenclant -wrongfully took froui the possession of the plaintiff on November 2, 1889, and has ever since unlawfully detained, to the plaintiff’s damage $2,000. The defendant, both as a defense and as a counterclaim, alleged in substance that on May 23,1889, the firm of A. P. Vaughn & Co. made a voluntary assignment to him, and that as their assignee he immediately took possession of the lumber in question as the property of…
1Opinion of the CourtCole, C. J.
These are cross-appeals from the same judgment. The appeal of the defendant below will be. first considered. The action is replevin, and the plaintiff’s right to recover the property in controversy depends upon the written agreement entered into between him and A. P. Yaughn & Co., the defendant’s assignors, dated December 27,1887. Is that agreement a conditional sale of the lumber therein mentioned, or is it in the nature of a chattel mortgage? The learned counsel for the assignee contends that it is a chattel mortgage, and void as to the creditors of A. P. Yaughn & Co. There is some language…
2Cases cited2 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Anderson v. PattersonWisconsin Supreme Court · 1885
3Cited by8 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Evans v. KloeppelSupreme Court of Florida · 1916
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Teel v. MilesNebraska Supreme Court · 1897
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