First National Bank of Edgerton v. Biederman
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: George G-eimm, Circuit Judge. This is a contest between two chattel mortgagees of a quantity of tobacco. No detailed statement of tbe case is necessary. Tbe facts on wbieb tbe case depends are simple.
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Appeal from a judgment of tbe circuit court for Rock county: George G-eimm, Circuit Judge. This is a contest between two chattel mortgagees of a quantity of tobacco. No detailed statement of tbe case is necessary. Tbe facts on wbieb tbe case depends are simple. February 22, 1907, S. F. and T. M. Madden, copartners dealing in leaf tobacco at tbe city of Edgerton, gave to tbe plaintiff a chattel mortgage upon a quantity of leaf tobacco in their warehouse to secure payment of two promissory notes of $2,500 each. T. M. Madden then resided in tbe city of Edgerton, and S. F. Madden in tbe adjoining…
1Opinion of the Court
Winslow, O. J.
The plaintiff’s mortgage of February 22, 1907, was filed only in the city of Edgerton, and hence, owing to the fact that one of the mortgagors resided in the town of *11Eulton, it was never properly filed as required by see. 2314, Stats. (1898). The plaintiff’s second mortgage of March 13, 1909, was filed in tbe city of Edgerton, two hours after tbe second mortgage of tbe defendant Biederman, and bence must be regarded as subordinate thereto even bad it been duly filed; but as there is no evidence to show that it was ever filed in tbe town of Eulton, and it appears that Biederman’s…
2Cases cited5 opinions
- Ullman v. DuncanWisconsin Supreme Court · 1890
- Manson v. Phœnix InsuranceWisconsin Supreme Court · 1885
- Parroski v. GoldbergWisconsin Supreme Court · 1891
- Ryan Drug Co. v. HvambsahlWisconsin Supreme Court · 1894
- Dornbrook v. M. Rumely Co.Wisconsin Supreme Court · 1903
3Cited by7 opinions
- Cappon v. O'DayWisconsin Supreme Court · 1917
- State ex rel. La Follette v. KohleeWisconsin Supreme Court · 1930
- Baierl v. RieseneckerWisconsin Supreme Court · 1930
- In Re BaumgartnerCourt of Appeals for the Seventh Circuit · 1931
- Holak v. SouthardWisconsin Supreme Court · 1924
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