Bates v. Simmons
Wisconsin Supreme Court
APPEAL from the Circuit.Court for Fonddu Lao County. The case is thus stated by Mr. Justice Cassoday: “ February 27,1883, J. C. "Whittelsey made an assignment for the benefit of his creditors to M. W. Simmons.
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APPEAL from the Circuit.Court for Fonddu Lao County. The case is thus stated by Mr. Justice Cassoday: “ February 27,1883, J. C. "Whittelsey made an assignment for the benefit of his creditors to M. W. Simmons. The plaintiffs, having commenced an action against Whittelsey, did, May 10, 1883, summon the defendant, as garnishee, upon an affidavit made in behalf of the plaintiffs, to the effect that the affiant verily believed that the defendant Simmons was indebted to Whittelsey and had property, real and personal, in his possession, or under his control, belonging to Whittel-sey, and that…
1Opinion of the CourtCassoday, J.
It is claimed that the court excluded evidence which would have shown that the assignment was made with the intent to defraud creditors. The only question excluded was one put to the assignor as to how much board his daughter (one of the preferred creditors) was paying him. This clearly related to the time of the trial, which was more than a year after the assignment, and hence could have no. bearing as to the intent with which the assignment was madé, and was therefore properly excluded as immaterial. The result of this ruling was a colloquy betweón the court and counsel for the plaintiffs,…
2Cases cited16 opinions
- Norton v. KearneyWisconsin Supreme Court · 1860
- Angell v. RosenburyMichigan Supreme Court · 1864
- Smith v. MitchellMichigan Supreme Court · 1863
- Heywood v. TillsonSupreme Judicial Court of Maine · 1883
- Hollister v. LoudMichigan Supreme Court · 1852
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Atlanta & Walworth Butter & Cheese Ass'n v. SmithWisconsin Supreme Court · 1910
- First National Bank of Stevens Point v. KnowlesWisconsin Supreme Court · 1886
- Conlee Lumber Co. v. Ripon Lumber & Manufacturing Co.Wisconsin Supreme Court · 1886
- Parker, Holmes & Co. v. ClevelandSupreme Court of Florida · 1896
- Cribben v. EllisWisconsin Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.