Kimball v. Post
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond duLao County. The case is thus stated by Mr. Justice Taylor, in his opinion as originally prepared: This action was brought to recover of defendant the value of a piano which plaintiff alleges he owned, and defendant unlawfully converted to his own use.
Read the full summary
APPEAL from the Circuit Court for Fond duLao County. The case is thus stated by Mr. Justice Taylor, in his opinion as originally prepared: This action was brought to recover of defendant the value of a piano which plaintiff alleges he owned, and defendant unlawfully converted to his own use. The answer is, first, a general denial; second, an averment that defendant purchased the piano of one Harry Keyes, in whose possession it was, in good faith and for value, believing said. Keyes to be the owner thereof; and third, a denial that plaintiff was the owner of the piano at the commencement of…
1Opinion of the CourtTatloe, J.
The appellant insists that the contract between the plaintiff and Keyes comes within the provisions of sec. 1, ch. 113, Laws of 1873, and is void as against all persons except the parties thereto, because no copy was filed in the office of the city clerk. The view this court has taken of this case renders it unnecessary to decide whether such contract is within the provisions of said chapter; but we are strongly inclined to the opinion that this statute cannot be avoided by a mere declaration that what is in fact a conditional sale, shall be deemed to be a lease.
Admitting, however, that this…
2Cases cited1 opinion
- Williams v. PorterWisconsin Supreme Court · 1877
3Cited by12 opinions
- Hamilton v. . HighlandsSupreme Court of North Carolina · 1907
- Lillie v. DunbarWisconsin Supreme Court · 1885
- Angers v. SabatinelliWisconsin Supreme Court · 1940
- Borger v. McKeithWisconsin Supreme Court · 1929
- Charles M. Stieff, Inc. v. WilsonCourt of Appeals of Maryland · 1926
7 more not listed; retrieve them via the Exa API.