Brahe v. Eldridge
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Bock County. The case is sufficiently stated in the opinion of the court. Judgment for the defendant Eldridge; from which the plaintiffs appealed. 1. The first assignment was valid as between the parties, and void only as to creditors. Geisse v. Beall, 3 Wis., 367 ; Fargo v. Ladd, 6 id., 106; Laws of 1858, ch. 64, sec. 1. And creditors who chose might treat it as valid, and hold the as-signee to a faithful discharge of the trust.
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APPEAL from tbe Circuit Court for Bock County. The case is sufficiently stated in the opinion of the court. Judgment for the defendant Eldridge; from which the plaintiffs appealed. 1. The first assignment was valid as between the parties, and void only as to creditors. Geisse v. Beall, 3 Wis., 367 ; Fargo v. Ladd, 6 id., 106; Laws of 1858, ch. 64, sec. 1. And creditors who chose might treat it as valid, and hold the as-signee to a faithful discharge of the trust. Burrill on Assignments, 394: Edwards v. Mitchell, 1 Gray, 239, 242 ; Biglow v. Baldwin, id., 245, 247; Geisse v. Beall, supra.…
1Opinion of the Court
By the Court,
PAINE, J.
Buckingham, a debtor in an insolvent condition, assigned his property, including some real estate, to Eldridge, in trust for his creditors. The assignee took possession of the personal property, but immediately thereafter, on discovering that the bond which he had given was defective, he redelivered possession of the property, and a new assignment of the same property, and a small amount of personal property in addition, which had been by mistake omitted in the first, was executed, and a new bond given, under which the assignee took possession and claims to hold. These…
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