E. L. Essley Machinery Co. v. First Trust Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: OscaR M. Feitz, Circuit Judge. On or about July 25, 1912, the plaintiff sold the Milwaukee Motor Company machinery of the agreed value of $5,584.50, under a contract by the terms of which possession was to he delivered to the Motor Company, hut the title was to remain in the Machinery Company until the purchase price was paid as agreed.
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Appeal from a judgment of the circuit court for Milwaukee county: OscaR M. Feitz, Circuit Judge. On or about July 25, 1912, the plaintiff sold the Milwaukee Motor Company machinery of the agreed value of $5,584.50, under a contract by the terms of which possession was to he delivered to the Motor Company, hut the title was to remain in the Machinery Company until the purchase price was paid as agreed. The conditional sale contract was not recorded until June 13, 1913, on which date the plaintiff brought this action to recover the possession of the machinery sold as aforesaid. The Milwaukee…
1Opinion of the CourtBarnes, J.
1. Tlie appellant insists that the contract was void as against the creditors of the Motor Company tinder sec. 2317, Stats., because not seasonably filed. This section provides that no contract for the sale of personal property, by the terms of which the title is to remain in the vendor and the possession in the vendee until the conditions of the sale are complied with, shall be valid as against any other person than the parties thereto and those having notice thereof, unless such contract shall be in writing and shall be filed in the manner therein prescribed.
The scope, meaning, and purpose'…
2Cases cited3 opinions
- Standard Paper Co. v. GuentherWisconsin Supreme Court · 1886
- Sanger v. GuentherWisconsin Supreme Court · 1889
- John Deere Plow Co. of Moline v. Edgar Farmer Store Co.Wisconsin Supreme Court · 1913
3Cited by1 opinion
- State v. KuickWisconsin Supreme Court · 1948