Boldewahn v. Schmidt
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Gteo. W. BueNell, Circuit Judge. This is an action of trover brought to recover the value of a note and mortgage and the sum of $450, which the plaintiff claims that the defendant has converted. The plaintiff is a married woman. Her husband, William Bolde-wahn, was arrested in a civil action and required to furnish bail in the sum of $1,000. Eor want of bail he was in jail.
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Appeal from a judgment of the circuit court for Winnebago county: Gteo. W. BueNell, Circuit Judge. This is an action of trover brought to recover the value of a note and mortgage and the sum of $450, which the plaintiff claims that the defendant has converted. The plaintiff is a married woman. Her husband, William Bolde-wahn, was arrested in a civil action and required to furnish bail in the sum of $1,000. Eor want of bail he was in jail. The plaintiff, in order to have him bailed, gave the money and assigned the note and mortgage to the defendant to indemnify him for becoming bail for her…
1Opinion of the CourtNewmaN, J.
Certainly, if the plaintiff’s testimony is believed, a conversion is proved. If a person who is intrusted! with the goods of another for a particular purpose put them into the hands of a third person, contrary to orders, it is a conversion. A wrongful intent is not essential. Tt is enough if the owner has been deprived of his property by the act of another assuming an unauthorized dominion and control over it. Laverty v. Snethen, 68 N. Y. 522, and the cases cited.
It -was a question for the jury whether the testimony of the plaintiff ought to be believed. Clearly, it cannot justly be said that…
2Cases cited1 opinion
- Laverty v. . SnethenNew York Court of Appeals · 1877
3Cited by11 opinions
- Wilkinson v. MisnerMissouri Court of Appeals · 1911
- Regas v. HeliosWisconsin Supreme Court · 1922
- Aetna Casualty & Surety Co. v. Higbee Co.Ohio Court of Appeals · 1947
- Hercules Powder Co. v. RowanAppellate Court of Illinois · 1924
- Dolphin v. DavisAppellate Court of Illinois · 1913
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