Hibbard, Spencer, Bartlett & Co. v. Cribb
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Prom 1883 to July 9, 1889, the firm of J. & P. Iíagenáh was a dealer in hardware and other merchandise at Reeds-burg, Wis.
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APPEAL from the Circuit Court for Saule County. Prom 1883 to July 9, 1889, the firm of J. & P. Iíagenáh was a dealer in hardware and other merchandise at Reeds-burg, Wis. At the latter date, the firm, being heavily in debt and insolvent, executed a mortgage on its stock of goods to Morse, Winchester, and Keith, who were the owners of an unincorporated bank at Reedsburg, known as the “ Citizens’ Bank,” under which name and style the last-named persons carried on a banking business. The mortgage purports to have been given to secure an indebtedness of $3,500. Immediately after its execution,…
1Opinion of the Court
The following opinions were filed September 29, 1891:
LyoN, J.
The case is this: J. & R. Hagenah, an insolvent firm, executed to Morse, Winchester, and Keith,, owners of the Citizens’ Bank, a mortgage on personal property to secure $3,500, and the mortgagees took immediate possession of the property thereunder. Afterwards the insolvent firm executed another mortgage on the same property to Hibbard, Spencer, Bartlett da Go., the plaintiff herein, for $9,181, and such mortgagee also took possession of the property under its mortgage, jointly with the first mortgagees. Thereafter these defendants,…
2Cited by2 opinions
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