Adler v. Godfrey
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to recover possession of an automobile. The cause was tried by the court. The evidence was to this effect: June 2, 1908, Byron R. Godfrey, then owner of the property in controversy, gave to one John Ure, Jr., a signed paper worded thus: “June 2, 1908, Received of John Ure the sum of $2 to apply on Marmon ear.
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Appeal from a judgment of tlie circuit court for Milwaukee county: J. 0. Ludwig, Circuit Judge. Action to recover possession of an automobile. The cause was tried by the court. The evidence was to this effect: June 2, 1908, Byron R. Godfrey, then owner of the property in controversy, gave to one John Ure, Jr., a signed paper worded thus: “June 2, 1908, Received of John Ure the sum of $2 to apply on Marmon ear. Balance due, $1,748; the same to be paid on or before Monday, June 8, 1908. Ure agrees to give one free ride, say Sunday, June 7th.” The car was kept by Godfrey in a public garage. Ure…
1Opinion of the CourtMarshall, J.
Counsel for appellant contends that Adler’s mortgage did not vest in him any interest because the automobile was not in Ure’s possession when the instrument was made. To support that counsel invoke the principle that, in the circumstances assumed, there is no implied warranty of title. The infirmity is in that the premises do not fit this case; so the reasoning and conclusions do not.
This is not a case resting on warranty of title, nor even one of mortgaging after-acquired property. At the best for respondent, Ure had an equitable right to the property as soon as he obtained the memorandum on…
2Cases cited6 opinions
- Tenney v. State Bank of WisconsinWisconsin Supreme Court · 1865
- Appleton Iron Co. v. British America Assurance Co.Wisconsin Supreme Court · 1879
- Newman v. TymesonWisconsin Supreme Court · 1860
- Harris v. KennedyWisconsin Supreme Court · 1880
- Weber v. IllingWisconsin Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parker-Harris Co. v. TateTennessee Supreme Court · 1916
- Shaw v. WebbTennessee Supreme Court · 1914
- Atlas Securities Co. v. GroveIndiana Court of Appeals · 1922
- J. C. Walden Auto Co. v. MixonSupreme Court of Alabama · 1916
- A. G. Graben Motor Co. v. Brown Garage Co.Supreme Court of Iowa · 1923
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