Cribb v. Hibbard, Spencer, Bartlett & Co.
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Saule County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday : Tbe firm of Hagenabs & Geffert, composed of Geffert and John H. and Peter Hagenab, was in business, dealing in hardware, agricultural maebinery, etc., from June, 1874, to January, 1883, when it was dissolved.
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APPEAL from tbe Circuit Court for Saule County. Tbe following statement of tbe case was prepared by Mr. Justice Cassoday : Tbe firm of Hagenabs & Geffert, composed of Geffert and John H. and Peter Hagenab, was in business, dealing in hardware, agricultural maebinery, etc., from June, 1874, to January, 1883, when it was dissolved. In January, 1883, tbe firm of J. & P. Hagenab, composed of J. H. and Peter Hagenab, was formed, and carried on a similar business from January, 1883, to July 8, 1889. June 28, 1888, tbe said J. & P. Hagenab executed two promissory notes, eacb payable to Hibbard,…
1Opinion of the CourtCassoday, J.
There is no statute in this state preventing any failing or insolvent debtor from paying or securing one or more of his creditors in preference to others, except as provided in ch. 349, Laws of 1883, and ch. 451, Laws of 1887, being sec. 1693$, S. & B. Ann. Stats. Those acts avoid certain securities and liens obtained in the ordinary way only when the debtor makes an assignment for the benefit of his creditors within sixty days after giving the securities or liens. To preserve such preferences, it is only necessary for the debtor to refrain from making such assignment during the sixty days…
2Cases cited16 opinions
- White v. CotzhausenSupreme Court of the United States · 1889
- Winner v. HoytWisconsin Supreme Court · 1886
- Carter v. ReweyWisconsin Supreme Court · 1885
- Bonns v. CarterNebraska Supreme Court · 1886
- Richmond v. Mississippi MillsSupreme Court of Arkansas · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Sheldon v. MannMichigan Supreme Court · 1891
- Carey v. DyerWisconsin Supreme Court · 1897
- Maxwell v. SimontonWisconsin Supreme Court · 1892
- Gilbert Paper Co. v. Whiting Paper Co.Wisconsin Supreme Court · 1905
- Jameson v. MaxcyWisconsin Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.