Backhaus v. Sleeper
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson Count}''. Garnishment. The following statement of the cage was prepared by Mr. Justice Cassoday : Joseph Bursinger owned a brewery and other property in Watertown.
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APPEAL from the Circuit Court for Jefferson Count}''. Garnishment. The following statement of the cage was prepared by Mr. Justice Cassoday : Joseph Bursinger owned a brewery and other property in Watertown. October 6, 1883, he gave to the Wisconsin National Bank, of that place, a chattel mortgage on personal property described, to secure three notes: one being a note payable to Magdalena Drechael or order, for $1,000, dated June 9,1881, due June 12, 1883, with interest at eight per cent., with warrant of attorney to enter judgment at date of mortgage; one note being payable to Watertown…
1Opinion of the CourtCassoday, J.
The plaintiff was a creditor of the assignor. The amount of his claim was nearly $4,000, due on express contract. He commenced this action at the time named against the assignor, and also the assignee as garnishee. The garnishee answered the assignment, and claimed the assignor’s property under it. The liability of the garnishee depends entirely upon- the validity of that assignment. Such validity is the only question here involved. Undoubtedly the assignee must be considered in a position to represent the rights and interests of creditors as against all transfers and conveyances fraudulent…
2Cases cited9 opinions
- Batten v. SmithWisconsin Supreme Court · 1885
- Chambers v. KeeneCourt of Appeals of Kentucky · 1858
- Gere v. MurraySupreme Court of Minnesota · 1861
- Lang v. SimmonsWisconsin Supreme Court · 1885
- Yernon v. UpsonWisconsin Supreme Court · 1884
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3Cited by2 opinions
- Magnus v. Sleeper, AssigneeWisconsin Supreme Court · 1887
- Hyman v. BarmonWashington Supreme Court · 1893