Hoeffler v. Carew
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lac county: Ohestee, A. EowleR, Circuit Judge. Action of replevin for automatic slot piano under claim of absolute ownership in the plaintiff.
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Appeal from a judgment of the circuit court for Eond du Lac county: Ohestee, A. EowleR, Circuit Judge. Action of replevin for automatic slot piano under claim of absolute ownership in the plaintiff. The evidence tended to establish that for some time prior to July, 1906, one Lar pine, a saloon-keeper at Eond du Lac, owned the piano as a. part of his saloon fixtures, being indebted for most of the purchase price therefor to the plaintiff, which was secured by an unrecorded chattel mortgage. On July 13th Lapine, after a few days of negotiation, Sold his saloon with stock and fixtures to one…
1Opinion of the CourtDodge, J.
1. The first assignment of error is upon the court’s refusal to direct a verdict for the defendants, the-motion being predicated upon two- contentions: First, that no delivery was shown sufficient to pass title from Lap-ine to plaintiff inter sese; second, that there was no- proof of an *609“immediate delivery followed by an actual and continued change of possession,” absence of which, by sec. 2310, Stats. (1898), aroused a presumption of fraud in such transfer.
With reference to the first position, it is very fully established that the actual transition of title from one to another in pursuance…
2Cases cited10 opinions
- Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
- Sewell v. EatonWisconsin Supreme Court · 1858
- Steward v. StateWisconsin Supreme Court · 1905
- Fromme v. O'DonnellWisconsin Supreme Court · 1905
- Abraham v. KargerWisconsin Supreme Court · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Southern Flour & Grain Co. v. McGeehanWisconsin Supreme Court · 1910
- Estate of Maxcy v. SawtelleWisconsin Supreme Court · 1952