Fernhaber v. Stein
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for. Milwaukee county: Gustave G. Gehrz, Circuit Judge. Replevin. The action was brought by the trustee of the bankrupt estate of defendant Werner Stein to recover three trucks and a touring car alleged to have been transferred by the bankrupt in fraud of creditors. At the trial claim was abandoned as to the touring car and one truck. The trial court ruled in favor of defendant Mrs. Schattschneider as to one truck.
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Appeal from a judgment of the circuit court for. Milwaukee county: Gustave G. Gehrz, Circuit Judge. Replevin. The action was brought by the trustee of the bankrupt estate of defendant Werner Stein to recover three trucks and a touring car alleged to have been transferred by the bankrupt in fraud of creditors. At the trial claim was abandoned as to the touring car and one truck. The trial court ruled in favor of defendant Mrs. Schattschneider as to one truck. There is concerned on this appeal a three- and-one-half ton Republic truck only. Defendant Werner Stein was engaged in the carting…
1Opinion of the CourtJones, J.
It is-claimed by counsel for appellants that the answer of the jury to the effect that the consideration of the $1,500 mortgage from Werner Stein to his father was approximately $180 should be set aside. The testimony as to the relations of the parties; the fact that although it was claimed that books of account had been kept and the original *66books were not produced, and the unsatisfactory testimony that any such indebtedness existed on the part of Werner to his father as was claimed, fully justified the jury making the answer given.
But it is also claimed that the further answer that the…
2Cases cited3 opinions
- Salter v. Bank of Eau ClaireWisconsin Supreme Court · 1897
- Ripon Hardware Co. v. HaasWisconsin Supreme Court · 1916
- Excelsior Mill Co. v. HanoverWisconsin Supreme Court · 1899
3Cited by2 opinions
- Barclay Brass & Aluminum Foundry, Inc. v. ResnickWisconsin Supreme Court · 1967
- Korb v. SchroedelWisconsin Supreme Court · 1980