Earll v. Stumpf
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. Tiie complaint alleges that for a valuable consideration the firm of Stumpf, Gage & Eckels assigned to the plaintiff an interest to the amount of $1,000 in a chattel mortgage given by Clin & Harvey to that firm, to secure a debt on which there was unpaid a larger sum. The mortgaged property consisted of a building (presumably personal property), and a boiler and certain machinery therein.
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APPEAL from the Circuit Court for Portage County. Tiie complaint alleges that for a valuable consideration the firm of Stumpf, Gage & Eckels assigned to the plaintiff an interest to the amount of $1,000 in a chattel mortgage given by Clin & Harvey to that firm, to secure a debt on which there was unpaid a larger sum. The mortgaged property consisted of a building (presumably personal property), and a boiler and certain machinery therein. It further alleges that the defendant afterwards, without the knowledge or consent of the plaintiff, seized and sold the whole of this property to a third…
1Opinion of the CourtLyoN, J.
The complaint does not show that the mortgage debt was evidenced by any instrument other than the mortgage. The fair inference from the complaint is that it was not. The averment is only that the mortgage was executed by Olin & I-Iarvey to secure the payment of $2,400 to Stumpf, Cage & Eckels. It cannot be doubted, therefore, that the assignment to the plaintiff of an interest in the mortgage was an assignment of an interest in the debt which the mortgage was given to secure. Such an assignment carries with it a corresponding interest in the mortgaged property. Emmons v. Dowe, 2 Wis., 322.…
2Cases cited3 opinions
- Emmons v. DoweWisconsin Supreme Court · 1853
- Gock v. KenedaNew York Supreme Court · 1859
- Bucknam v. BrettNew York Supreme Court · 1861
3Cited by5 opinions
- Muldowney v. McCoy Hotel Co.Wisconsin Supreme Court · 1936
- Farwell v. WareenWisconsin Supreme Court · 1890
- Trustees of Ashland Lodge No. 63 v. WilliamsWisconsin Supreme Court · 1898
- Sullivan v. SherryWisconsin Supreme Court · 1901
- Alderson v. SchulzeWisconsin Supreme Court · 1885