Lauerman Bros. v. Riehl
Wisconsin Supreme Court
Appeal from a judgment of the municipal court of Outa-gamie county: HeNey Kbeiss,, County Judge and Acting Municipal J udge. Tbe plaintiff sued Komp, a general merchant at Black Creek, Wisconsin, and garnished Riehl. Judgment was rendered against Komp on the main action for $416.73 and costs.
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Appeal from a judgment of the municipal court of Outa-gamie county: HeNey Kbeiss,, County Judge and Acting Municipal J udge. Tbe plaintiff sued Komp, a general merchant at Black Creek, Wisconsin, and garnished Riehl. Judgment was rendered against Komp on the main action for $416.73 and costs. The garnishee action was tried hy the court, and the following facts appeared: Riehl originally owned the business afterwards conducted by Komp and transferred the same t'o Komp in December, 1911, under a conditional or executory contract of some nature, which is not in evidence and which provided for…
1Opinion of the CourtWiNsnow, C. J.
In this case it is held:
1. So far as tbe rights of creditors are concerned, au agreement by which a stock of merchandise is transferred upon deferred payments, with tbe provision tbat tbe business shall be continued, tbe stock kept up by new purchases, and tbe vendor have tbe title of tbe entire stock, including tbe additions, as security for tbe purchase price, must be held to be in legal effect a chattel mortgage, notwithstanding tbe parties have called it an agreement of -conditional sale; otherwise tbe provisions of sec. 23165, Stats. 1911, might be nullified by tbe parties to every such…
2Cases cited1 opinion
- Chapman v. PlummerWisconsin Supreme Court · 1874
3Cited by2 opinions
- Grover v. TindallCalifornia Court of Appeal · 1966
- Goetz v. ZeifWisconsin Supreme Court · 1923