Ryan Drug Co. v. Hvambsahl
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eau Claire county: ~W. E. Bailey, Circuit Judge. This is an action for tbe recovery of a bill of goods for $493.41, sold to tbe defendant, in wbicb an attachment was made upon tbe defendant’s stock of goods, upon an affidavit of good reason to believe that tbe defendant “ bad assigned, conveyed, disposed of, or concealed, or was about to assign, convey, dispose of, or conceal, bis property, or some part thereof, with intent to…
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Appeal from an order of tbe circuit court for Eau Claire county: ~W. E. Bailey, Circuit Judge. This is an action for tbe recovery of a bill of goods for $493.41, sold to tbe defendant, in wbicb an attachment was made upon tbe defendant’s stock of goods, upon an affidavit of good reason to believe that tbe defendant “ bad assigned, conveyed, disposed of, or concealed, or was about to assign, convey, dispose of, or conceal, bis property, or some part thereof, with intent to defraud bis creditors.” Tbe defendant traversed tbe affidavit, denying tbe grounds alleged for an attachment, and averring…
1Opinion of the CourtPiNNEY, J.
1. The chattel mortgage dated June 29,1892, and not filed in the city clerk’s office until August 22, 1893, was void as against the plaintiff’s claim for all goods sold by it to the defendant in the meantime. The statute (sec. 2313, R. S.) declares that “no mortgage of personal property shah be valid against any other person than the parties thereto, unless the possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage or a copy thereof be filed ” as provided in sec. 2314, except, etc. In this case there was no delivery or change of possession…
2Cases cited10 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Anderson v. PattersonWisconsin Supreme Court · 1885
- Long v. CockernIllinois Supreme Court · 1889
- Parroski v. GoldbergWisconsin Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Thomsen v. CullenWisconsin Supreme Court · 1928
- Graham v. PerryWisconsin Supreme Court · 1929
- Saint Louis Clay Products Co. v. ChristopherWisconsin Supreme Court · 1913
- First National Bank of Edgerton v. BiedermanWisconsin Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.