Legal Opinion

Jameson v. Maxcy

Wisconsin Supreme Court

Decided December 17, 1895PublishedCited by 7 opinions

Appeal from a judgment of the circuit court for Bayfield county: John K. Paeish, Circuit Judge. The defendant Conover, a manufacturer, being insolvent, on the 13th day of January, 1894, entered into an agreement with a portion of his creditors and with the garnishee defendant, D. M. Maxcy, as follows: “Memorandum of agreement, made this 13th day of January, A. D. 1894, by and between A. W. Conover, party of the first part, and D. M..

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Appeal from a judgment of the circuit court for Bayfield county: John K. Paeish, Circuit Judge. The defendant Conover, a manufacturer, being insolvent, on the 13th day of January, 1894, entered into an agreement with a portion of his creditors and with the garnishee defendant, D. M. Maxcy, as follows: “Memorandum of agreement, made this 13th day of January, A. D. 1894, by and between A. W. Conover, party of the first part, and D. M.. Maxcy and . . . parties of the second part, witnesseth: “ That whereas the said A. W. Conover is the owner and operator of a certain box factory, known as the…

1Opinion of the CourtMaeshall, J.

Tbe sole question presented by tbe record in tbis case is, Did tbe written agreement, under tbe circumstances, constitute an assignment for tbe benefit of creditors?

Tbe principles involved bave been so often applied in tbis •court, and the law in respect thereto reduced to such a degree of certainty, that there ought to be no serious difficulty in any given case in arriving at tbe right conclusion.

If an insolvent debtor makes- a conveyance to, or by any arrangement places bis property under thé control of, another, for tbe benefit of all or a portion of bis creditors, in determining whether…

2Cases cited3 opinions

  1. Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
  2. Ingram v. OsbornWisconsin Supreme Court · 1887
  3. Maxwell v. SimontonWisconsin Supreme Court · 1892

3Cited by7 opinions

  1. Dahlman v. GreenwoodWisconsin Supreme Court · 1898
  2. Kickbusch v. CorwithWisconsin Supreme Court · 1901
  3. Duryea v. MuseWisconsin Supreme Court · 1903
  4. Sweet v. NeffWisconsin Supreme Court · 1899
  5. Bugbee v. LombardWisconsin Supreme Court · 1896

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