Page v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Replevin, for a lot of staves and headings, which defendants, as sheriff and under-sheriff of said county, had seized in the spring of 1868, under a writ of attachment, as the property of Dedolph & Lipke, at the suit of one J. C. Smith, a creditor of said' last-named firm. Dedolph & Lipke had a stave factory and store at New London, Waupaca county.
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APPEAL from the Circuit Court for Winnebago County. Replevin, for a lot of staves and headings, which defendants, as sheriff and under-sheriff of said county, had seized in the spring of 1868, under a writ of attachment, as the property of Dedolph & Lipke, at the suit of one J. C. Smith, a creditor of said' last-named firm. Dedolph & Lipke had a stave factory and store at New London, Waupaca county. On the 14th of November, 1867, they executed a bond in the penal sum of $60,000 to the plaintiff in this action, as trustee for the creditors named in the bond, conditioned to become void upon…
1Opinion of the CourtCole, J.
We think that the instrument dated December 17, 1867, executed by Dedolph & Lipke, was not an absolute and unconditional bill of sale, making the plaintiff the absolute owner of the property, but was in the nature of an assignment for the benefit of creditors. *371The property therein transferred was valued at $2,600, while the advances made by the plaintiff at the time of its execution did not amount to $800. Besides, the instrument provides that the proceeds of the property, when sold, were to be applied to the payment of the plaintiff “and other creditors,” thus showing, upon its face, that it…
2Cases cited1 opinion
- Brahe v. EldridgeWisconsin Supreme Court · 1863
3Cited by9 opinions
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- Maxwell v. SimontonWisconsin Supreme Court · 1892
- Bonns v. CarterNebraska Supreme Court · 1887
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