Walker v. Grand Rapids Flouring Mill Co.
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Monroe County. This is an action in the nature of trover, brought by the plaintiffs, who were copartners, to recover the value of a machine known and described as a “ Pomeroy First Reduction Roller Mill,” which it is alleged the defendant unlawfully converted to its own use.
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APPEAL from tlie Circuit Court for Monroe County. This is an action in the nature of trover, brought by the plaintiffs, who were copartners, to recover the value of a machine known and described as a “ Pomeroy First Reduction Roller Mill,” which it is alleged the defendant unlawfully converted to its own use. The answer admits that the plaintiffs were copartners and that the defendant is a corporation as stated in the complaint, and denies all the other allegations in the complaint. The cause was tried by the court without a jury. The facts are substantially as follows: The firm of Neeves &…
1Opinion of the CourtLyoN, J.
The evidence is undisputed that the plaintiffs never sold or contracted to sell the machine in controversy to Pomeroy or any one else. It is claimed, however, on behalf of the defendant, that because they intrusted the machine to Pomeroy, and he placed it in the mill of Neeves & Podawitz under a contract to put such a machine in their mill, and because that firm had no notice or knowledge, until it was so placed, that Pomeroy was not the owner of it, the plaintiffs should be estopped to claim the machine as their own property. Were it true that Neeves & Podawitz, before they had notice that…
2Cases cited4 opinions
- Taylor v. CollinsWisconsin Supreme Court · 1881
- Second National Bank of Beloit, Wis. v. O. E. Merrill Co.Wisconsin Supreme Court · 1887
- Woodruff & Beach Iron Works v. AdamsSupreme Court of Connecticut · 1870
- Detroit & Bay City Railroad v. BuschMichigan Supreme Court · 1880
3Cited by12 opinions
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Standard Oil Co. v. La Crosse Super Auto Service, Inc.Wisconsin Supreme Court · 1935
- Brothers v. Bank of KaukaunaWisconsin Supreme Court · 1893
- Wolf Co. v. KutchWisconsin Supreme Court · 1911
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