Smith v. Bowen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Ashland County. The plaintiffs were creditors of the firm of Angus & Henderson. That firm, being insolvent, made a voluntary assignment for the benefit of its creditors to the defendant, Bowen. Afterwards the plaintiffs brought an action against Angus & Henderson to recover their demand against that firm, and caused the assignee, Boioen, to be summoned as garnishee.
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APPEAL from the Circuit Court for Ashland County. The plaintiffs were creditors of the firm of Angus & Henderson. That firm, being insolvent, made a voluntary assignment for the benefit of its creditors to the defendant, Bowen. Afterwards the plaintiffs brought an action against Angus & Henderson to recover their demand against that firm, and caused the assignee, Boioen, to be summoned as garnishee. Bowen answered, denying’ that he had any property in his possession or under his control belonging.to the debtor firm, but admitted that he received property under the assignment of the value of…
1Opinion of the CourtLyoN, J.
The alleged errors upon which the plaintiffs claim a reversal of the judgment herein will be stated and considered in their order.
I. It is claimed that the assignment by the firm of Angus & Henderson to the garnishee, Bowen, is void upon its face for uncertainty, in that it does not provide to whom the proceeds of the assigned property shall be paid. After providing for the payment of the expenses of the assignment, *261the instrument directs that the assignee “ shall pay and dis-charge the debts due and owing by the said parties of the first part to and in the order and manner following, that is…
2Cases cited1 opinion
- Perkins v. ShadboltWisconsin Supreme Court · 1878
3Cited by4 opinions
- Batten v. SmithWisconsin Supreme Court · 1885
- Cribben v. EllisWisconsin Supreme Court · 1887
- McNair v. ReweyWisconsin Supreme Court · 1885
- Batten v. RichardsWisconsin Supreme Court · 1887