Stein v. Hermann
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The defendant was garnished in an action by the plaintiffs against one Wiener; and issue was joined on his answer.
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APPEAL from the Circuit Court for Milwaukee County. The defendant was garnished in an action by the plaintiffs against one Wiener; and issue was joined on his answer. He had taken into his possession a stock of goods belonging to Wiener, and had sold a part of them and retained possession of the remainder ; and he claims a right to the possession under a chattel mortgage from Wiener, dated February 2, 1867, conditioned for the payment of $1,500, and interest in one year, according to the terms of a promissory note of the same date. The real consideration for the note and mortgage^ as •claimed…
1Opinion of the CourtPaine, J.
The argument of the appellants’ counsel to the effect that the chattel mortgage involved in this case should be held void as to • creditors for the reason that it did not state truly the amount and character of the indebtedness secured by it, was very forcible, and was supported by several high authorities. But, without determining that question, the judgment must be reversed for error in giving the fifth instruction asked by the defendant; which was as follows: “ That if the defendant indorsed the note of Wiener, he thereby incuned a liability which was a sufficient consideration for the…
2Cited by4 opinions
- Blair v. SmithIndiana Supreme Court · 1888
- Cooke v. CookeCourt of Appeals of Maryland · 1876
- Ferguson v. HillmanWisconsin Supreme Court · 1882
- Brace v. BerdanMichigan Supreme Court · 1895