Menzesheimer v. Kennedy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. Action to recover the value of a certain stock of goods, alleged to be the property of- the plaintiffs and to have been converted by the defendant to his own use. The defense is that the defendant, as sheriff of Douglas county, seized the goods under and by virtue of certain writs of attachment issued in actions against one Henry Cahn, and that such goods were the property of said Cahn.
Read the full summary
APPEAL from the Circuit Court for Douglas County. Action to recover the value of a certain stock of goods, alleged to be the property of- the plaintiffs and to have been converted by the defendant to his own use. The defense is that the defendant, as sheriff of Douglas county, seized the goods under and by virtue of certain writs of attachment issued in actions against one Henry Cahn, and that such goods were the property of said Cahn. The cause was tried bj^ the court without a jury. In due time the court filed findings of fact and conclusions of law, pursuant to which the plaintiffs had…
1Opinion of the CourtLyoN, J.
The giving of the chattel mortgages by Cahn to the plaintiffs on the goods in controversy is not a voluntary assignment for the benefit of creditors, in the sense in which that term is used in the statutes. The transaction has none of the essential characteristics of such an assignment, but is nothing more nor less than the giving of security by mortgage by an insolvent debtor to two of his creditors, leaving his other creditors unsecured. If there is no fraud in the transaction, he may lawfully do this. This court has repeatedly so held. Many of the adjudications are cited in the briefs of…
2Cited by6 opinions
- Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
- Hershiser v. W. E. Higman & Co.Nebraska Supreme Court · 1891
- Maxwell v. SimontonWisconsin Supreme Court · 1892
- Strong v. KalkWisconsin Supreme Court · 1895
- Sweet v. NeffWisconsin Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.