Roundy v. Converse
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Eor some time previous to April, 1886, down to March, 1887, the defendant O. H. Converse was carrying on business as a merchant at Milton, in Bock county. Previous to the date first above mentioned, one James Pierce, who was the administrator of the estate of one G. W. Hamilton (the deceased son of the garnishee defendant, Hannah B. Hamilton), loaned to Converse $1,100 of the moneys of the estate of his intestate.
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APPEAL from the Circuit Court for Bock County. Eor some time previous to April, 1886, down to March, 1887, the defendant O. H. Converse was carrying on business as a merchant at Milton, in Bock county. Previous to the date first above mentioned, one James Pierce, who was the administrator of the estate of one G. W. Hamilton (the deceased son of the garnishee defendant, Hannah B. Hamilton), loaned to Converse $1,100 of the moneys of the estate of his intestate. Mrs. Hamilton was her deceased son’s sole heir. Converse executed his note to Pierce' for the loan, also a chattel mortgage,-to secure…
1Opinion of the CourtLyoN, J.
Two questions were litigated on the trial. These are, (1) Is the mortgage of December 23, 1886, a valid security ? and, if so, (2) Should Converse have been allowed any exemptions?
1. There is nothing upon the face of the mortgage in question to impeach its validity, although the fair inference from its terms is that the mortgagor was authorized to sell the goods and replace them with others to be paid for out of the proceeds of such sales. Probably the attempt to extend the security of the mortgage over after-acquired goods was unavailing, except, perhaps, as a license to seize such goods.…
2Cases cited2 opinions
- Hunter v. BosworthWisconsin Supreme Court · 1878
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3Cited by5 opinions
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