Walworth County Bank v. Farmers' Loan & Trust Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. Action for the taking from the possession of the plaintiff, and the conversion of railroad ties alleged to belong to the plaintiff. Answer, 1.. A general denial. 2. Property in the Farmers' Loan & Trust Company, of which the other defendants were employees.
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APPEAL from the Circuit Court for Hacine County. Action for the taking from the possession of the plaintiff, and the conversion of railroad ties alleged to belong to the plaintiff. Answer, 1.. A general denial. 2. Property in the Farmers' Loan & Trust Company, of which the other defendants were employees. Trial by the court without a jury, in September, 1860. The plaintiff gave in evidence the following bill of sale of the property in controversy: “Racine, April 29, 1859..' Walworth County Bank, bought of the Racine & Mississippi Railroad Company 25,000 railroad ties at 15 cents each, $3,750.…
1Opinion of the Court
By the Gourt,
Cole, J.
It is conceded that it was incumbent on the respondent to make out a title to the railroad ties mentioned in the complaint, to enable it to recover. For the purpose of showing title in the property to be in the bank, the memorandum of sale of the 29th of April, 1859, was introduced in evidence. That memorandum was signed by Henry S. Durand, as président of the railroad company, and was probably sufficient provided Durand was authorized on the part of the corporation to execute it. It is contended that Durand, by virtue of his office as president of the railroad company,…
2Cases cited3 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Whitwell v. WarnerSupreme Court of Vermont · 1848
- President of Hallowell & Augusta Bank v. HamlinMassachusetts Supreme Judicial Court · 1817
3Cited by9 opinions
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Consolidated Water Power Co. v. NashWisconsin Supreme Court · 1901
- Hyde v. LarkinMissouri Court of Appeals · 1889
- Wait v. Nashua Armory Ass'nSupreme Court of New Hampshire · 1891
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