Adams v. Savery House Hotel Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This was an action in trover for conversion.
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Appeal from a judgment of the superior court of Milwaukee county: J. C. Ludwig, Judge. This was an action in trover for conversion. The plaintiff^ evidence tended to prove that on the 24th day of October, 1895, the American Burlesque Company executed to the-plaintiff a chattel mortgage upon “ all the scenery, properties, and costumes of the play, ‘ Little Eobinson Crusoe,’ ” the grantor reserving the right to move said property from place-to place, and state to state, as might be necessary to fill its-dates and contracts made and to be made for the presentation of said play. The property was…
1Opinion of the CourtDodge, J.
Should it be conceded, as the appellant contends, on authority of Wintringham v. Lafoy, 7 Cow. 735, that a conversion was complete upon the mere levy of the .attachment, still that conversion was committed by the con*111stable. There is no evidence that the defendant or the defendant’s attorneys instructed the constable to levy on the specific property claimed to belong to, and be in the possession of, the plaintiff. There is, indeed, no evidence as to how the writ of attachment came to the constable’s hands; but, if it were conceded that it so came, to his hands from either the defendant or its…
2Cases cited5 opinions
- Welsh v. . CochranNew York Court of Appeals · 1875
- Clark v. . WoodruffNew York Court of Appeals · 1881
- Wintringham v. LafoyNew York Supreme Court · 1827
- Bowe v. . WilkinsNew York Court of Appeals · 1887
- Russell v. WalkerMassachusetts Supreme Judicial Court · 1890
3Cited by4 opinions
- Frick-Reid Supply Co. v. HunterSupreme Court of Oklahoma · 1915
- McIntosh v. KnoxNevada Supreme Court · 1917
- Bereth v. SparksCourt of Appeals for the Seventh Circuit · 1931
- Brandley v. LewisUtah Supreme Court · 1939