Mackey v. Cole
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The facts of the case are fully stated in the opinion. The plaintiff appeals from a judgment for defendant. They argued that a mortgagee had a right to assume the honesty of the mortgagor, and was not bound to ascertain the true name of the latter, under peril of losing his security. Alexander v. Grmes, 25 Neb. 454. The rule of cmeat envptor applies.
1Opinion of the CourtCole, C. J.
This is an action of replevin to obtain possession of a span of horses. The plaintiff claims the horses by virtue of a chattel mortgage given to him in Minneapolis by one McPherson, December 16, 1889. McPherson was the owner of the horses, but executed the mortgage on them in the name of John Doyle, who had no interest in them. The business, for the plaintiff was transacted at Minneapolis by an agent, who did not know McPherson when he applied to him for the loan of $210, which amount the agent had in his hands to loan for the plaintiff. When McPherson applied for the loan he gave his name as…
2Cases cited1 opinion
- Brothers v. GravesNebraska Supreme Court · 1889
3Cited by16 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- New England National Bank v. Northwestern National BankMissouri Court of Appeals · 1902
- Rhea Mortgage Co. v. LemmermanTexas Commission of Appeals · 1928
- Fincher v. HaneganSupreme Court of Arkansas · 1894
- Brayton v. BeallSupreme Court of South Carolina · 1906
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