Place v. Langworthy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This action was brought for the taking and conversion of a stock of goods. The plaintiffs claimed title under a mortgage executed to them by one Harshaw to secure a debt of $4142 97, due from him to them. The defendant justified the taking of the goods, as an officer, under certain writs of attachment issued against Harshaw at the suit of other creditors.
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APPEAL from the Circuit Court for Milwaukee County. This action was brought for the taking and conversion of a stock of goods. The plaintiffs claimed title under a mortgage executed to them by one Harshaw to secure a debt of $4142 97, due from him to them. The defendant justified the taking of the goods, as an officer, under certain writs of attachment issued against Harshaw at the suit of other creditors. The condition of the mortgage to the plaintiff wqg, in part, as follows: “ Provided that if I, the said James Harshaw, from and after the date hereof, shall apply the entire proceeds…
1Opinion of the Court
By the Court,
Oole, J.
Tbe respondents derive title to tbe stock of groceries and provisions in controversy, under tbe chattel mortgage given by James Harsbaw, on tbe 6tb day of January, 1859. Tbe controlling question in tbe case is as to tbe effect and validity of that mortgage. Tbe counsel for tbe appellant contends that tbe mortgage is fraudulent and void on its face on account of tbe provision therein contained that Harsbaw might retain possession of tbe stock of goods, and trade with and sell them in tbe ordinary and regular order of retail trade, applying tbe proceeds of tbe sale, after…
2Cases cited8 opinions
- Gardner v. . McEwenNew York Court of Appeals · 1859
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- McGill's creditors v. McGill's administratorCourt of Appeals of Kentucky · 1859
- Davis v. RansomIllinois Supreme Court · 1857
- Brooks v. WimerSupreme Court of Missouri · 1855
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3Cited by19 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Horton v. WilliamsSupreme Court of Minnesota · 1875
- Butts v. PeacockWisconsin Supreme Court · 1868
- Anderson v. PattersonWisconsin Supreme Court · 1885
- Durr v. WildishWisconsin Supreme Court · 1900
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