Emmons v. Dowe
Wisconsin Supreme Court
ERROR TO THE MILWAUKEE CIROUIT COURT. This was an action of trover, for a quantity of merchandise. The declaration was in the common form ; plea not guilty. The trial was had at the term of the Circuit Court for Milwaukee county, which resulted in a verdict against the plaintiff in error for $5,000 and costs.
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ERROR TO THE MILWAUKEE CIROUIT COURT. This was an action of trover, for a quantity of merchandise. The declaration was in the common form ; plea not guilty. The trial was had at the term of the Circuit Court for Milwaukee county, which resulted in a verdict against the plaintiff in error for $5,000 and costs. The bill of exceptions discloses the following case: On the trial, the plaintiff below offered and pave in evidence a bill of sale from Crampton & Osborne to the plaintiff, dated September 10th, 1851, of certain goods, which were admitted by the defendant below to be the same as those…
1Opinion of the Court
*351 Rij the Court,
Crawford, J.
The goods, to recover the value of which this action was instituted, were sold by Crampton & Osborne to the defendant in error, who afterwards sold them to James M. Ray, Jr.; and to secure the payment of certain drafts and notes given by Ray to Dowe, as the consideration for the goods, a chattel mortgage was executed upon the same goods by Ray, whereby the mortgagee, Dowe, was empowered, at any time that he should deem himself in danger of losing his debt against Ray, to take possession of the mortgaged goods, and after such notice as the law directs to be given in…
2Cases cited11 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Rossiter v. RossiterNew York Supreme Court · 1832
- Haxton v. BishopNew York Supreme Court · 1829
- Young v. BlackSupreme Court of the United States · 1813
- Charter v. StevensNew York Supreme Court · 1846
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3Cited by15 opinions
- State v. NugentSupreme Court of North Carolina · 1955
- Timp v. DockhamWisconsin Supreme Court · 1873
- Warder v. BaldwinWisconsin Supreme Court · 1881
- Barnes v. StateNebraska Supreme Court · 1894
- Gerbig v. BellWisconsin Supreme Court · 1910
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