Bromley v. Goodrich
Wisconsin Supreme Court
APPEAL from the Circuit Court to? Jefferson County. Action for an alleged unlawful seizure and conversion by defendants of certain goods (mainly groceries), the property of the plaintiff.
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APPEAL from the Circuit Court to? Jefferson County. Action for an alleged unlawful seizure and conversion by defendants of certain goods (mainly groceries), the property of the plaintiff. It appears from the pleadings and evidence that the goods had been the property of one Giles, a merchant; that they constituted his whole stock, and were of the value of $375; that on the 17th of April, 1875, they were transferred by bill of sale to the plaintiff, to whom Giles was indebted on a note for $400 with interest; that on the 28th of the same month the goods were seized by the defendant Hutchinson,…
1Opinion of the CourtCole, J.
The circuit court clearly ruled that taking the property in controversy from the possession of the plaintiff, *136was not justified by the attachment; “that that was an unlawful act.” The principle was recognized, that under the state law a debtor had the right to prefer one creditor to another, and that the plaintiff acquired, by virtue of the bill of sale executed by Giles, a good title to the property, the bankrupt law being out of the question. But the court held, if the sale from Giles to the plaintiff was fraudulent and void under the provisions of the bankrupt law, that then only nominal…
2Cases cited3 opinions
- Smith v. MasonSupreme Court of the United States · 1871
- Cotton v. ReedWisconsin Supreme Court · 1853
- Wilkinson v. WaitSupreme Court of Vermont · 1872
3Cited by12 opinions
- Mueller v. BrussWisconsin Supreme Court · 1901
- Binder v. McDonaldWisconsin Supreme Court · 1900
- Gross, Kelly & Co. v. BiboNew Mexico Supreme Court · 1914
- Jackman v. Eau Claire National BankWisconsin Supreme Court · 1905
- Kinney v. LundyArizona Supreme Court · 1907
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