C. Gotzian & Co. v. Shakman
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. Action in equity. The complaint alleges, in substance, that the plaintiffs, O. Gotzian <& Go. and Sweet, Dempster <& Go., are attaching creditors of C. W. E. Sommermeyer, Lena Brimi, and Anna Iiuebner, copartners in the clothing business at Eau Claire, and that the plaintiffs, respectively, have obtained judgments upon their demands, and that executions have been issued thereon, but…
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Appeal from an order of tbe circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. Action in equity. The complaint alleges, in substance, that the plaintiffs, O. Gotzian <& Go. and Sweet, Dempster <& Go., are attaching creditors of C. W. E. Sommermeyer, Lena Brimi, and Anna Iiuebner, copartners in the clothing business at Eau Claire, and that the plaintiffs, respectively, have obtained judgments upon their demands, and that executions have been issued thereon, but that the sheriff has been unable to find any property, real or personal, belonging 'to the defendants, out of which to…
1Opinion of the CourtWiNsnow, J.
This is an action by creditors who have attached the entire stock in trade of a trading firm, to compel another creditor, who has a prior attachment on the same property, to exhaust certain mortgage securities given to him by one member of the firm before resorting to the fund in court arising from the sale of the attached property. In support of the complaint the plaintiffs rely upon the familiar equitable principle that if one creditor can resort to *58two funds, and another to one of them only, the former must first seek satisfaction out of that fund which the latter cannot touch. Conceding…
2Cases cited2 opinions
- Evertson v. BoothNew York Supreme Court · 1822
- Denham v. WilliamsSupreme Court of Georgia · 1869
3Cited by17 opinions
- Farmers & Merchants Bank v. GibsonUnited States Bankruptcy Court, N.D. Florida · 1980
- Moser Paper Co. v. North Shore Publishing Co.Wisconsin Supreme Court · 1978
- Chittenden Trust Co. v. Sebert Lumber, Co. (In Re Vermont Toy Works, Inc.)United States Bankruptcy Court, D. Vermont · 1987
- In Re Elsinore Shore AssociatesUnited States Bankruptcy Court, D. New Jersey · 1988
- Matter of Multiple Services Industries, Inc.United States Bankruptcy Court, E.D. Wisconsin · 1982
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