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CHRYSLER CORP. v. ADAMATIC, INC.

No. 336.

59 Wis.2d 219 (1973)

208 N.W.2d 97

CHRYSLER CORPORATION, Plaintiff and Appellant, v. ADAMATIC, INC., Defendant: LAKESHORE COMMERCIAL FINANCE CORPORATION, First Intervenor Respondent: EISENBERG, only as receiver of Adamatic, Inc., Second Intervenor Respondent. [Three appeals.]

Supreme Court of Wisconsin.

Decided June 18, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by Whyte, Hirschboeck, Minahan, Harding & Harland, S. C., attorneys, and Victor M. Harding, Frederick A. Muth, Jr., and Anthony W. Asmuth III of counsel, all of Milwaukee, and oral argument by Victor M. Harding.

For the first intervenor-respondent Lakeshore Commercial Finance Corporation there was a brief by Lorinczi & Weiss, attorneys, and Robert K. Steuer and Robert P. Goldstein of counsel, all of Milwaukee, and oral argument by Robert K. Steuer.

For the second intervenor-respondent Russell A. Eisenberg, as receiver of Adamatic, Incorporated, there was a brief and oral argument by Mr. Eisenberg, pro se.

A brief amicus curiae was filed by Polacheck & Harris, attorneys, of Milwaukee, and Allan Polacheck, of Milwaukee, Eli S. Silberfeld, and Silberfeld, Danziger & Bangser, all of New York, of counsel, for the National Commercial Finance Conference, Inc.

HEFFERNAN, J.

It should be emphasized that the cause of action is for replevin. The action was brought by Chrysler to gain possession of the machines and for damages against Lakeshore for their wrongful detention. Although there is evidence in the record indicating a breach of contract by the manufacturer, Adamatic, no relief is sought for that. Lakeshore, on the other hand, asserts ownership of the machines because of its prior perfected security agreement with Adamatic...

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