Peninsular Lead & Color Works v. Union Oil & Paint Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. JonNSON, Circuit Judge. At the time ch. 384, Laws of 1897, went into effect, defendant Union Oil <& Paint Oompamy was indebted to plaintiff for merchandise sold defendant by plaintiff in the regular course of business. Subsequently suit was brought to recover such indebtedness, and the property of the defendant was duly attached to satisfy the plaintiff’s claim.
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Appeal from an order of the circuit court for Milwaukee county: D. H. JonNSON, Circuit Judge. At the time ch. 384, Laws of 1897, went into effect, defendant Union Oil <& Paint Oompamy was indebted to plaintiff for merchandise sold defendant by plaintiff in the regular course of business. Subsequently suit was brought to recover such indebtedness, and the property of the defendant was duly attached to satisfy the plaintiff’s claim. Within ten days after the attachment, the defendant made and perfected an assignment for the benefit of creditors, and thereafter, pursuant to ch. 334 aforesaid,…
1Opinion of the CourtMarshall, J.
When the contract was made on which the writ of attachment issued, the creditor had the absolute right, on the facts set forth in the affidavit, to that remedy to secure the payment of the indebtedness. In case of a resort to such remedy and the acquirement of a lien on the *490•debtor’s property thereby, there was nothing in the law of assignments for the benefit of creditors whereby the creditor’s right of preference over all other creditors as to such property, to the extent of the attachment lien, could be taken away, though such laws had all the elements of a bankrupt law even to the…
2Cases cited12 opinions
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