Nielson v. Schuckman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Replevin. The plaintiffs appealed from a judgment in favor of the defendants. The case is sufficiently stated in the opinion.
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APPEAL from the Circuit Court for Dane County. Replevin. The plaintiffs appealed from a judgment in favor of the defendants. The case is sufficiently stated in the opinion. To the point that the court erred in excluding evidence to show that the note and chattel mortgage were misread or misexpounded to the illiterate plaintiffs, whereby, without knowing their true contents, they were induced to sign, and that sec. 92, ch. 137, R. S. 1858 (sec. 4192, R. S.), was inapplicable to the case, they cited Schwalm v. McIntyre, 17 Wis., 236; Hinchliff v. Hmman, 18 id., 135; State v. Homey, 44 id., 619;…
1Opinion of the CourtOrton, J.
To justify the taking complained of, the defendants had answered that they took the property by virtue of a chattel mortgage given by the plaintiffs to the defendant Schuehnan to secure the payment of a note for the sum of $5,500, also given to the said defendant by the plaintiffs; and the defendants had introduced them in evidence. The note bears date December 19,1877, and was payable two years after date; and the mortgage bears date December 22, 1877, and recites the note which it was made to secure. The plaintiffs had introduced in evidence a record in the case of the defendant SchuoJeman,…
2Cases cited9 opinions
- Walker v. EbertWisconsin Supreme Court · 1871
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Kent v. AgardWisconsin Supreme Court · 1869
- Rounsavell v. PeaseWisconsin Supreme Court · 1878
- Snyder v. Van DorenWisconsin Supreme Court · 1879
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3Cited by7 opinions
- Morgan v. BishopWisconsin Supreme Court · 1882
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- Perko v. Rock Springs Commercial Co.Wyoming Supreme Court · 1927
- Tucker v. HelgrenSupreme Court of Minnesota · 1907
- Mutual Life Insurance v. SummersWyoming Supreme Court · 1912
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