Butts v. Newton
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Dodge County. Action to recover tbe possession of certain personal property alleged in tbe complaint to be wrongfully withheld by tbe defendant, under a pretended sale or transfer from tbe wife of tbe plaintiff, her authority to make it being denied by him. Answer a general denial. Tbe greater portion of tbe property was replevied and re- • turned to tbe plaintiff.
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APPEAL from tbe Circuit Court for Dodge County. Action to recover tbe possession of certain personal property alleged in tbe complaint to be wrongfully withheld by tbe defendant, under a pretended sale or transfer from tbe wife of tbe plaintiff, her authority to make it being denied by him. Answer a general denial. Tbe greater portion of tbe property was replevied and re- • turned to tbe plaintiff. On tbe trial, tbe plaintiff proved bis title to tbe property, its value, tbe taking by tbe defendant, and bis refusal to return it on demand. Tbe defendant proved that tbe property was turned out…
1Opinion of the Court
Dixon, 0. J.
The question as to the implied authority of the wife of the plaintiff, during the absence of her husband, to sell the property in controversy to the defendant, seems to be very nearly controlled by the decision of this court in Savage v. Davis, 18 Wis., 608, and the case there most approvingly quoted of Benjamin v. Benjamin, 15 Conn., 347. In Savage v. Davis, where the husband was absent from home but a day or two, leaving his horse in the general care of his wife, who had hired it to the defendant, it was held that the law would not presume that the wife was authorized to enter…
2Cases cited3 opinions
- Benjamin v. BenjaminSupreme Court of Connecticut · 1843
- Savage v. DavisWisconsin Supreme Court · 1864
- Farrell v. LedwellWisconsin Supreme Court · 1866
3Cited by9 opinions
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- In re Valentine's WillWisconsin Supreme Court · 1896
- O'Conner v. Hartford Fire InsuranceWisconsin Supreme Court · 1872
- Evans v. Crawford County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1906
- Fisher v. ConwaySupreme Court of Arkansas · 1878
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