Fisher v. Herrmann
Wisconsin Supreme Court
Appeal frcm a judgment of the circuit court for Waupaca ‘County: Chas. M. Webb, Circuit Judge. Action of replevin commenced in justice court to recover .-a stock of merchandise held by defendant as sheriff under writ of attachment.
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Appeal frcm a judgment of the circuit court for Waupaca ‘County: Chas. M. Webb, Circuit Judge. Action of replevin commenced in justice court to recover .-a stock of merchandise held by defendant as sheriff under writ of attachment. James Croak was a merchant at New London, October 4, 1902. ITis stock of merchandise was ¡taken by a mortgagee under chattel mortgage, and advertised for sale October 17, 1902. Plaintiff purchased the stock October 7th for $525, and took possession October 8th. In making the purchase he dealt with one Walsh, an officer in possession of the stock under the mortgage,…
1Opinion of the CourtSiebecker, J.
The first ground of error assigns that the sale from Croak to the plaintiff was fraudulent and void as against Croak’s creditors, mainly upon the ground that such sale was not accompanied by immediate delivery and change-of possession of the goods. An examination of the testimony discloses that- plaintiff took possession of the goods immediately after the mortgage and attachment claims had been paid, the day after the purchase; that the mortgage and the attachment claims were satisfied by the authority of Croak, and the stock and the possession of the building was delivered to the plaintiff,…
2Cases cited9 opinions
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Rindskopf v. MyersWisconsin Supreme Court · 1894
- Erdall v. AtwoodWisconsin Supreme Court · 1891
- Bleiler v. MooreWisconsin Supreme Court · 1896
- Missinskie v. McMurdoWisconsin Supreme Court · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- Spurr v. TravisMichigan Supreme Court · 1906
- Thorpe v. Pennock Mercantile Co.Supreme Court of Minnesota · 1906
- Parham & Co. v. Potts-Thompson Liquor Co.Supreme Court of Georgia · 1907
- State v. SchulpiusWisconsin Supreme Court · 2006
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