Thomas v. Richards
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassoday : Among the machines attached by the defendant herein as sheriff of Grant county, by virtue of the attachment mentioned in the statement of the case of Bawson Mfg.
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APPEAL from the Circuit Court for Grant County. The following statement of the case was prepared by Mr. Justice Cassoday : Among the machines attached by the defendant herein as sheriff of Grant county, by virtue of the attachment mentioned in the statement of the case of Bawson Mfg. Go. v. Bicharás, ante, p. 643, decided herewith, were, thirty-three sulky hay rakes and two Thomas hay tedders, alleged to be the property of the plaintiffs herein, doing business at Springfield, Ohio, under the firm name of J. H. Thomas & Sons, and of the value of $700, and wrongfully taken and wrongfully…
1Opinion of the CourtCassoday, J.
The substance of the contract between the plaintiffs and Lomas, thus stated, made the shipment under it a conditional sale, within the provisions of sec. 2317, R. S. It is stated in the charge of the court to the jury, *676that “ the proof shows that this contract was not filed as required by this section.” We find no exception to this statement of fact, and it must be treated as a verity in the case. Besides, this statement is not contradicted by the manifest inadvertence that it was not filed “ prior to February 26, 1886,” only three days after its date and before any shipment had been made,…
2Cases cited2 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Healey v. ButlerWisconsin Supreme Court · 1886
3Cited by5 opinions
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Riggs v. GardikasNew Mexico Supreme Court · 1967
- Mershon v. MoorsWisconsin Supreme Court · 1890
- In re Rosenberg Iron & Metal Co.District Court, E.D. Wisconsin · 1964
- First National Bank v. GeeenwoodWisconsin Supreme Court · 1891