Carter v. Rewey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. Action to recover the value of goods and merchandise seized by the defendant as constable under and by virtue of writs of attachment, and sold by him under and by virtue of executions thereafter issued upon judgments against one Charles H. McLean. The plaintiffs claimed title'to the prop-ertjr under a chattel mortgage executed by McLean to them prior to the levy of the writs.
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APPEAL from the Circuit Court for Grant County. Action to recover the value of goods and merchandise seized by the defendant as constable under and by virtue of writs of attachment, and sold by him under and by virtue of executions thereafter issued upon judgments against one Charles H. McLean. The plaintiffs claimed title'to the prop-ertjr under a chattel mortgage executed by McLean to them prior to the levy of the writs. The mortgage purports to be “ for securing the payment of $1,000.” The condition thereof is as follows: “Upon condition that if the said party of the first part shall…
1Opinion of the Court
The following opinion was filed January 13, 1885:
Cole, C. J.
The learned counsel for the defendant insists that the instrument under which the plaintiffs claim the goods in controversy is really an assignment for the benefit of creditors, and is void for several reasons. If his view of the nature of that instrument is correct, its invalidity would follow as a natural consequence. The plaintiffs gave no bond, and did not attempt to comply with the statute regulating voluntary assignments for the benefit of creditors. But an inspection of the instrument will show that it is a chattel mortgage…
2Cases cited2 opinions
- Butts v. PeacockWisconsin Supreme Court · 1868
- Page v. SmithWisconsin Supreme Court · 1869
3Cited by21 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
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- Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
- First National Bank of Madison v. DammWisconsin Supreme Court · 1884
- Hoey v. PierronWisconsin Supreme Court · 1886
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