Legal Opinion

Owen v. Long

Wisconsin Supreme Court

Decided September 28, 1897PublishedCited by 5 opinions

Appeal from a judgment of the circuit court for Eau Claire county: ~W. E. Bailey, Circuit Judge. Eor the appellant there was a brief by Wickham & Fa/rr, and oral argument by James Wickham. They contended, among other things, that the action would not lie against the defendant, who was an innocent purchaser, without a previous demand and refusal, and none was proved. Barrett v. Warren, 8 Hill, 818; Gillet v. Boberts, 57 N. Y. 28; 5 Am. & Eng.

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Appeal from a judgment of the circuit court for Eau Claire county: ~W. E. Bailey, Circuit Judge. Eor the appellant there was a brief by Wickham & Fa/rr, and oral argument by James Wickham. They contended, among other things, that the action would not lie against the defendant, who was an innocent purchaser, without a previous demand and refusal, and none was proved. Barrett v. Warren, 8 Hill, 818; Gillet v. Boberts, 57 N. Y. 28; 5 Am. & Eng. Encv. of Law, 528s; Storm v. Livingston, 6 Johns. 44. The contract was a conditional sale, and the plaintiff had lost all his claim to the property by…

1Opinion of the Court

Cassoday, O. J.

This is an action of replevin to recover possession of a portion of a portable sawmill, which the defendant wrongfully and unlawfully refused to surrender to the plaintiff, but which he had wrongfully converted to his own use, to the plaintiff’s damage in the sum of $600. The answer is a general denial.

It is undisputed that, in pursuance to a talk between the plaintiff and one D. W. Blackburn, a contract was agreed on and drawn in duplicate, November 14, 1894, which was to the effect that Owen was the owner of the sawmill then ■stored at Cameron, Wisconsin; that Blackburn…

2Cases cited3 opinions

  1. Gilchrist v. BrandeWisconsin Supreme Court · 1883
  2. Steele v. SchrickerWisconsin Supreme Court · 1882
  3. Tobin v. DealWisconsin Supreme Court · 1884

3Cited by5 opinions

  1. Rost v. RobertsWisconsin Supreme Court · 1923
  2. Bazelon v. LyonWisconsin Supreme Court · 1906
  3. Schoblasky v. RayworthWisconsin Supreme Court · 1909
  4. Davis v. DregneWisconsin Supreme Court · 1903
  5. McGowan v. City of WatertownWisconsin Supreme Court · 1907

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