Kaye v. Crawford
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. Action for damages for the unlawful taking and detention of a mare, alleged to he the property of the plaintiff Henry Kaye.
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APPEAL from the Circuit Court for Waukesha County. Action for damages for the unlawful taking and detention of a mare, alleged to he the property of the plaintiff Henry Kaye. Plaintiff claimed to have purchased the mare of his father, Joseph Kaye, in the spring of 1858. Defendant claimed under a chattel mortgage executed to him.by Joseph Kaye, January 20, 1858, and a judgment rendered in his favor December 6, 1862, m an action of replevin for said mare, brought by him against said Joseph. He also alleged that plaintiff, at the time of his pretended purchase, had knowledge of said mortgage. On…
1Opinion of the CourtPaine, J.
The verdict in this case should have been for the defendant. The testimony of the plaintiff does not show that the services for which his father gave him the team, were rendered in pusuance of any agreement or understanding that they were to he paid for. On the contrary, the fair inference from his own statements is, that they were rendered without any such understanding; and that he remained at home for a time after he was twenty-one, working as he had worked before. He says expressly that he had already worked the year, when he made the arrangement with his father for the team. He says he…
2Cases cited3 opinions
- Fisher v. FisherWisconsin Supreme Court · 1856
- Dye v. KerrNew York Supreme Court · 1851
- Putnam v. TownSupreme Court of Vermont · 1861
3Cited by3 opinions
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- Barkow v. SangerWisconsin Supreme Court · 1879
- In re Schmidt's EstateWisconsin Supreme Court · 1896