Waddle v. Morrill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Eeplevin for certain chattels. Answer, that defendant- owned and had a right to the possession of said chattels, and that plaintiff’s pretended ownership or right of possession was claimed by virtue of a certain chattel mortgage running to one Prothero, and given to secure the payment of defendant’s note also running to said Prothero, and that said note and mortgage were so made at the request of one Gibson, to secure the…
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APPEAL from the Circuit Court for Sauk County. Eeplevin for certain chattels. Answer, that defendant- owned and had a right to the possession of said chattels, and that plaintiff’s pretended ownership or right of possession was claimed by virtue of a certain chattel mortgage running to one Prothero, and given to secure the payment of defendant’s note also running to said Prothero, and that said note and mortgage were so made at the request of one Gibson, to secure the repayment to said Gibson of certain moneys borrowed of him by the defendant at a usurious rate of interest. At the trial, the…
1Opinion of the CourtCole, J.
The testimony of the witness Ayers proved an estoppel beyond all question. The only point in the case is, whether evidence of an estoppel was admissible under the pleadings. We think it was.
The action was to recover the possession of personal property under a chattel mortgage. The plaintiff is an assignee. The defendant set up in the answer that the note and mortgage were usurious. To avoid this defense, the plaintiff offered to prove, and was permitted to prove by the witness Ayers, that the defendant induced or requested the witness to purchase the note and mortgage from one Gibson, without…
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