Rindskopf v. Myers
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. This action was brought by the plaintiff to recover the value of the greater portion of á stock of goods sold and delivered by Hyman Nathan to the plaintiff, and seized a few days thereafter under writs of attachment in the hands of the defendant as sheriff of Clark county, in favor of Henry Benedict, a creditor of Hyman Nathan, on the ground that the sale to the plaintiff by Hyman Nathan was fraudulent and void as against his…
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APPEAL from the Circuit Court for Wood County. This action was brought by the plaintiff to recover the value of the greater portion of á stock of goods sold and delivered by Hyman Nathan to the plaintiff, and seized a few days thereafter under writs of attachment in the hands of the defendant as sheriff of Clark county, in favor of Henry Benedict, a creditor of Hyman Nathan, on the ground that the sale to the plaintiff by Hyman Nathan was fraudulent and void as against his creditors. The record presents only certain alleged errors in the instructions of the court to the jury and its refusal…
1Opinion of the CourtPinney, J.
1. The instruction, in substance, that the sale or assignment of all a man’s property when he is largely in debt naturally excites suspicion of fraud and is therefore evidence of fraud, must be considered with the context. The court had instanced this with some other like facts, saying: “This and similar acts are badges of fraud. They are not fraud, but may be considered, when they are proven to exist, by the jury, as facts and circumstances tending to show fraud.” The jury were told that in this sense the particular fact or badge of fraud referred to was evidence to show fraud, but not that…
2Cases cited7 opinions
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Hopkins v. LangtonWisconsin Supreme Court · 1872
- Avery v. JohannWisconsin Supreme Court · 1870
- Bigelow v. DoolittleWisconsin Supreme Court · 1874
- David v. BirchardWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Fisher v. HerrmannWisconsin Supreme Court · 1903
- Fluegel v. HenschelNorth Dakota Supreme Court · 1898
- United States v. Linda K. Frykholm, Intervening Third-Party Claimant: Cotswold Trading Company, Ltd.Court of Appeals for the Third Circuit · 2004
- Pippin v. RichardsWisconsin Supreme Court · 1911
- Stuart v. Farmers Bank of Cuba CityWisconsin Supreme Court · 1908
9 more not listed; retrieve them via the Exa API.