Schneider v. Kraby
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Action for alleged wrongful conversion of personal property. It involves the validity of a chattel mortgage under which plaintiff claimed the property in controversy. Schoe-nian & Mehder were merchant tailors in the city of Oshkosh, Wisconsin.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Burnell, Circuit Judge. Action for alleged wrongful conversion of personal property. It involves the validity of a chattel mortgage under which plaintiff claimed the property in controversy. Schoe-nian & Mehder were merchant tailors in the city of Oshkosh, Wisconsin. They were indebted to plaintiff for borrowed money in the sum of $1,000. To secure such indebtedness they gave plaintiff a bill of sale of their stock in trade and book accounts and some other personal property. Plaintiff immediately pretended to take…
1Opinion of the CourtMaeshall, J.
Sec. 2313, R. S., provides that “ no mortgage of personal property shall 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 by law.” It is well settled that such possession must be actual, open, unequivocal, exclusive, and continuous. Menzies v. Dodd, 19 Wis. 343; Manufacturers' Bank v. Rugee, 59 Wis. 221. Joint possession by the mortgagor and mortgagee does not satisfy the requisites of the statute. Grant v. Lewis, 14 Wis. 487;…
2Cases cited5 opinions
- Manufacturers' Bank of Milwaukee v. RugeeWisconsin Supreme Court · 1884
- Grant v. LewisWisconsin Supreme Court · 1861
- Menzies v. DoddWisconsin Supreme Court · 1865
- Osen v. ShermanWisconsin Supreme Court · 1871
- Hage v. CampbellWisconsin Supreme Court · 1891
3Cited by7 opinions
- Rheingans v. HepflerWisconsin Supreme Court · 1943
- Missinskie v. McMurdoWisconsin Supreme Court · 1900
- George Walter Brewing Co. v. LockeryWisconsin Supreme Court · 1907
- Watkins v. DunbarAppellate Court of Illinois · 1924
- C. I. T. Corp. v. WallermanWisconsin Supreme Court · 1943
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