Legal Opinion

Anderson v. Patterson

Wisconsin Supreme Court

Decided December 1, 1885PublishedCited by 19 opinions

APPEAL from the Circuit Court for Monroe County. The plaintiffs, who are partners, sued out a writ of attachment on a demand against the defendant, and caused his goods to be seized by virtue thereof. The affidavit annexed to the writ alleged, as grounds for the attachment, that the defendant had made a fraudulent disposition of his property, and that he fraudulently contracted the debt sued for.

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APPEAL from the Circuit Court for Monroe County. The plaintiffs, who are partners, sued out a writ of attachment on a demand against the defendant, and caused his goods to be seized by virtue thereof. The affidavit annexed to the writ alleged, as grounds for the attachment, that the defendant had made a fraudulent disposition of his property, and that he fraudulently contracted the debt sued for. The defendant duly traversed such affidavit, and a trial of the issue resulted in a finding against the plaintiffs as to both of the alleged grounds, and an order dissolving the attachment was…

1Opinion of the CourtLvosr, J.

Erom some time in the year 1881 until January, 1885, when the attachment herein was issued, the defendant was a retail dealer in general merchandise at Melvina, in Monroe county. In March, 1882, he borrowed $200 of one Steele, and one Hunt became surety for the payment thereof. The debt to Steele not having been paid, the defendant, in June, 1884, executed a chattel mortgage to Hunt on his *558whole stock in trade, for the purpose of indemnifying the mortgagee against the obligation he had assumed to Steele. The mortgage contains the usual stipulation authorizing the mortgagee to take possession…

2Cases cited5 opinions

  1. Blakeslee v. RossmanWisconsin Supreme Court · 1877
  2. Butts v. PeacockWisconsin Supreme Court · 1868
  3. Place v. LangworthyWisconsin Supreme Court · 1861
  4. Steinart v. DeusterWisconsin Supreme Court · 1868
  5. Fisk v. HarshawWisconsin Supreme Court · 1878

3Cited by19 opinions

  1. New v. SailorsIndiana Supreme Court · 1888
  2. Durr v. WildishWisconsin Supreme Court · 1900
  3. Merchants' & Mechanics' Savings Bank v. LovejoyWisconsin Supreme Court · 1893
  4. Stevens v. BreenWisconsin Supreme Court · 1890
  5. Ryan Drug Co. v. HvambsahlWisconsin Supreme Court · 1894

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