Knaggs v. Green
Wisconsin Supreme Court
APPEAL from the Circuit Court for Clark County. Replevin, for a span of horses. The material facts are stated in the opinion. The j ury, by direction of the court, returned a verdict for the plaintiff; and, from a judgment thereon, defendant appealed. Por the appellant it was argued, that an infant may disaffirm and avoid his chattel mortgage at any time before he becomes of age, and within a reasonable time thereafter (Tyler on Inf., etc., p. 69, § 30; Sehouler on Dom.
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APPEAL from the Circuit Court for Clark County. Replevin, for a span of horses. The material facts are stated in the opinion. The j ury, by direction of the court, returned a verdict for the plaintiff; and, from a judgment thereon, defendant appealed. Por the appellant it was argued, that an infant may disaffirm and avoid his chattel mortgage at any time before he becomes of age, and within a reasonable time thereafter (Tyler on Inf., etc., p. 69, § 30; Sehouler on Dom. Reh, 546; Willis v. Twambly, 13 Mass, 204; STwpmcm v. Horton, 17 Conn., 481; Bool v. Mix, 17 Wend., 119); that the sale and…
1Opinion of the CourtCole, J.
Both parties in this case claimed the horses in controversy through contracts made by George Field, a minor. The plaintiff claims under a chattel mortgage given by the minor under the following circumstances: One Shurtleff sold Field the horses for $300. Field paid only $200 down, and gave his note, signed by the plaintiff as surety, for the balance of the purchase money. When the note became due, Field was unable to pay it, and it was put into judgment. The plaintiff satisfied the judgment. Field then executed a note and chattel mortgage on the horses for the amount which the plaintiff had…
2Cases cited3 opinions
- Charles Skinner v. . D. G. MaxwellSupreme Court of North Carolina · 1872
- Corey v. BurtonMichigan Supreme Court · 1875
- Callis v. DayWisconsin Supreme Court · 1875
3Cited by7 opinions
- Merrick v. StephensMissouri Court of Appeals · 1960
- Grauman, Marx & Cline Co. v. KrienitzWisconsin Supreme Court · 1910
- Kellogg v. AdamsWisconsin Supreme Court · 1881
- Thormaehlen v. KaeppelWisconsin Supreme Court · 1893
- Wisconsin Loan & Finance Corp. v. GoodnoughWisconsin Supreme Court · 1930
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