Fenelon v. Hogoboom
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. The action was in the nature of trover, for the alleged unlawful conversion by the defendant of a quantity of wheat belonging to the plaintiff, who was a married woman but claimed the wheat in controversy as a part of her separate estate.
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APPEAL from the Circuit Court for Fond du Lac County. The action was in the nature of trover, for the alleged unlawful conversion by the defendant of a quantity of wheat belonging to the plaintiff, who was a married woman but claimed the wheat in controversy as a part of her separate estate. The answer alleged that the defendant was a warehouseman, and as such received the wheat in store from the husband of the plaintiff, and gave him warehouse receipts therefor, the transfer of which was not restricted by having upon them the words “not negotiable, ” or equivalent words; that the wheat was…
1Opinion of the CourtLyon, J.
I. In the contract for the sale of the wheat to the defendant, there was no stipulation that any credit should be given for the price. The evidence shows that a cash sale thereof was contemplated and intended by the parties. Such being the case, it was the right of the plaintiff to demand payment immediately upon the delivery of the wheat. When the agent and husband of the plaintiff delivered to the defendant the warehouse receipts for the wheat, he, by that act, delivered to him the wheat for which those receipts were given; but such delivery was subject to the plaintiff’s right to reclaim…
2Cases cited3 opinions
- Beard v. DedolphWisconsin Supreme Court · 1871
- Rheinstrom v. ConeWisconsin Supreme Court · 1870
- Goldsmith v. BryantWisconsin Supreme Court · 1870
3Cited by7 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Horton v. DeweyWisconsin Supreme Court · 1881
- Wallace v. PerelesWisconsin Supreme Court · 1901
- Fisher v. ShelverWisconsin Supreme Court · 1881
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.