Shakman v. Schwartz
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eau-Claire county: W. F. Bailet, Circuit Judge. Tbe defendants, Charles W. E. Sommermeyer, Lena Brimi, and Anna Huebner, were copartners, doing business under tbe firm name and style “ Boston One Price Clothing House.”' Between, tbe copartners it was agreed that Sommermeyer should furnish capital from $10,000 to $20,000. He had no money, but had land.
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Appeal from a judgment of tbe circuit court for Eau-Claire county: W. F. Bailet, Circuit Judge. Tbe defendants, Charles W. E. Sommermeyer, Lena Brimi, and Anna Huebner, were copartners, doing business under tbe firm name and style “ Boston One Price Clothing House.”' Between, tbe copartners it was agreed that Sommermeyer should furnish capital from $10,000 to $20,000. He had no money, but had land. He mortgaged the land to the plaintiff to establish a line of credit and as security for such debt as the firm should contract with him by the purchase of' goods. The firm became insolvent and…
1Opinion of the CourtNewMAN, J.
It is not seriously contended that there was. evidence to sustain the claim that the plaintiff’s attachment was collusive or fraudulent; nor that it was not founded on a genuine bona fide debt for the amount claimed. The evidence abundantly established the good faith and genuineness of the debt and the good faith of the attachment. But it is claimed that the plaintiff’s attachment is void as against the appellant’s attachment, because it appears that the plaintiff’s debt was not due and payable at the time when it was issued and levied, and because it was levied prior toils date. The…
2Cases cited6 opinions
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Ilsley v. HarrisWisconsin Supreme Court · 1859
- Landauer v. VietorWisconsin Supreme Court · 1887
- First National Bank v. GeeenwoodWisconsin Supreme Court · 1891
- Chase v. HillWisconsin Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Arkansas City Lumber Co. v. ScottCourt of Appeals of Kansas · 1897