Marlet v. Hinman
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Groix County. The following statement of the case was prepared by Mr. Justice Cassoday : This is an action of replevin .brought by the plaintiff, as chattel mortgagee, to recover the possession of a pair of steers.
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APPEAL from the Circuit Court for St. Groix County. The following statement of the case was prepared by Mr. Justice Cassoday : This is an action of replevin .brought by the plaintiff, as chattel mortgagee, to recover the possession of a pair of steers. The facts are undisputed, and to the effect that October 22, 1887, John F. Brewer and wife, in the absence of the plaintiff but at his request, executed a chattel mortgage on the steers in question to the plaintiff, to secure the sum of $61.67; that said Brewer, at the plaintiff’s request, thereupon took the said mortgage to the proper town…
1Opinion of the CourtCassoday, J.
“ No mortgage of personal property shall be valid against any other person than tbe parties thereto unless tbe possession of tbe mortgaged property be delivered to and retained by tbe mortgagee, or unless tbe mortgage or a copy thereof be filed as provided in tbe nest section, except when otherwise directed in these statutes.” Sec. 2313, R. S. Tbe exceptions referred to have no application here. Tbe next section thus mentioned provides that “ every mortgage of personal property, or a copy thereof, may be filed in tbe office of tbe clerk of tbe town . . . where tbe mortgagor resides. . . .…
2Cases cited10 opinions
- People ex rel. Farrington v. BristolMichigan Supreme Court · 1876
- Smith v. WaggonerWisconsin Supreme Court · 1880
- Gorham v. SummersSupreme Court of Minnesota · 1878
- Keenan v. StimsonSupreme Court of Minnesota · 1884
- Sargeant v. SolbergWisconsin Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- Bailey v. CostelloWisconsin Supreme Court · 1896
- Boston Old Colony Insurance v. International Rectifier Corp.Wisconsin Supreme Court · 1979
- Nixv v. WiswellWisconsin Supreme Court · 1893
- Faxon, Horton & Gallagher v. RidgeMissouri Court of Appeals · 1901
3 more not listed; retrieve them via the Exa API.