Huebner v. Koebke
Wisconsin Supreme Court
APPEAL from the Circuit Court for Manitowoc County. On the 15th of September, 1874, the defendant executed and delivered to the - plaintiff, Juliana JLuébner, a chattel mortgage to secure payment of a promissory note of the same date, and the mortgage contained the following clause: “In case the said Juliana shall at any time deem herself insecure, it shall be lawful for her to take possession of said property, and sell the same at public or private sale.”
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APPEAL from the Circuit Court for Manitowoc County. On the 15th of September, 1874, the defendant executed and delivered to the - plaintiff, Juliana JLuébner, a chattel mortgage to secure payment of a promissory note of the same date, and the mortgage contained the following clause: “In case the said Juliana shall at any time deem herself insecure, it shall be lawful for her to take possession of said property, and sell the same at public or private sale.” Before said note fell due, the plaintiff, “deeming herself insecure,” as she alleges, “and the property in danger of being wasted and…
1Opinion of the Court
EyÁn, 0. J., The chattel mortgage contains no other provision for the possession of the articles mortgaged, before maturity of the debt secured, than the clauses that, upon default at maturity, the mortgagee might take possession and sell, and that, if the mortgagee should at any time deem herself insecure, she might in like manner take possession and sell.
We can have no doubt that the latter clause operates to vest an absolute discretion in the mortgagee. Says Dixon, 0. J., speaking of a clause in the same words in Frisbee v. Langworthy, 11 Wis., 375: “ By the express terms of the mortgage,…
2Cases cited4 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Frisbee v. LangworthyWisconsin Supreme Court · 1860
- Cotton v. MarshWisconsin Supreme Court · 1854
- Cotton v. WatkinsWisconsin Supreme Court · 1858
3Cited by10 opinions
- Kitchen v. SchusterNew Mexico Supreme Court · 1907
- Cline v. LibbyWisconsin Supreme Court · 1879
- Gage v. WaylandWisconsin Supreme Court · 1887
- Werner v. BergmanSupreme Court of Kansas · 1882
- Hill v. MerrimanWisconsin Supreme Court · 1888
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