Ward v. Henry

Decided May 15, 1862

Wisconsin Supreme Court · decided 1862-05-15

This was an'action by the mortgagee of'a stock of goods, against a deputy marshal of the United States, who had seized and taken away a portion of the goods -under an attachment sued out by a creditor of the mortgagor.

Cited by 1 later decisions — most recently September 1870

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-05-15

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¶1By the Court,

Paine,!.

¶2The defendants should have been allowed to show, upon the question of damages, that the *240plaintiff bad received bis mortgage debt out of tbe goods left in bis possession. When tbe action is brought by -the mortgagee against tbe mortgagor, or any other having bis rights, the rule of damages is, the amount of the mortgage debt. Parish vs. Wheeler, 22 N. Y., 511-512, 515-516. The reasons for this conclusion are fully stated in the case referred to, and it is unnecessary to repeat them. The defendant here, being an agent of attaching creditors of the mortgagor, tbe rule of damages should be tbe same as though the action had been against the mortgagor himself. Tbe judgment is reversed, with costs, and a new trial ordered.