Evans v. Rugee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Mihocmhee County. The case is thus stated by Mr. Justice Cassoday: “ This action is to recover, the value of certain personal property claimed by the plaintiff under and by virtue of a bill of sale to her from her husband, Erancis C. Evans, alleged to have been taken and converted by the defendant.
Read the full summary
APPEAL from the Circuit Court for Mihocmhee County. The case is thus stated by Mr. Justice Cassoday: “ This action is to recover, the value of certain personal property claimed by the plaintiff under and by virtue of a bill of sale to her from her husband, Erancis C. Evans, alleged to have been taken and converted by the defendant. The defendant admitted the taking and conversion, but justified under a writ of attachment, judgment, and execution in favor of the creditors of the husband. On the former trial the defendant obtained judgment, which was reversed by this court for intervening error…
1Opinion of the CourtCassoday, J.
The real issue tried was whether the bill of sale from the husband to the wife was made in good faith and for a valuable consideration, or with the intent to defraud the creditors of the husband. The fraudulent intent in such case is usually one of fact for the the jury and not for the court. Sec. 2323, R. S.; Hyde v. Chapman, 33 Wis. 391; Barkow v. Sanger, 47 Wis. 500; Mehlhop v. Pettibone, 54 Wis. 656; Greene & Button Co. v. Van Vechten, ante, p. 16.
There seems to have been sufficient evidence here to sustain the verdict. But error may have intervened, or some other satisfactory reason not…
2Cases cited5 opinions
- Hyde v. ChapmanWisconsin Supreme Court · 1873
- Barkow v. SangerWisconsin Supreme Court · 1879
- McLimans v. City of LancasterWisconsin Supreme Court · 1883
- Mehlhop v. PettiboneWisconsin Supreme Court · 1882
- Seaman v. BurnhamWisconsin Supreme Court · 1883
3Cited by9 opinions
- Schillinger v. Town of VeronaWisconsin Supreme Court · 1893
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- O'SULLIVANBoard of Immigration Appeals · 1963
- Mullen v. ReinigWisconsin Supreme Court · 1887
- Farley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.