Lee v. Simmons
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bond du Lao County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of replevin.
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APPEAL from the Circuit Court for Bond du Lao County. The following statement of the case was prepared by Mr. Justice Cassoday: This is an action of replevin. The court found, in effect, (1) that February 8,1883, the plaintiffs were, and for a long time had been, merchants in New York; (2) that on the day named the defendant’s assignor, Whittelsey, was, and for several years next prior thereto had been, a merchant at Fond du Lac; that during that time he had purchased goods from the plaintiffs, and had always been in good standing and credit with them, and continued to be up to February 27,…
1Opinion of the CourtCassoday, J.
The facts are undisputed. They appear by the stipulation of the parties, and the testimony of the defendant, his assignor, and his clerk. They more than justify the findings as above stated. From these facts we think the court was justified in holding that the purchase was fraudulently made. Where, as here, a person orders goods knowing himself to be insolvent, without disclosing his insolvency, and with the preconceived purpose of not paying for them at all, or, at most, only a very small per cent., and with the further preconceived purpose of having them swell his assets for the benefit of…
2Cases cited10 opinions
- Donaldson v. FarwellSupreme Court of the United States · 1876
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Devoe v. . BrandtNew York Court of Appeals · 1873
- Thompson v. RoseSupreme Court of Connecticut · 1844
- Hennequin v. . NaylorNew York Court of Appeals · 1861
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
- Tufts v. WeinfeldWisconsin Supreme Court · 1894
- Kimball v. Baker Land & Title Co.Wisconsin Supreme Court · 1913
- Reid, Murdock & Fisher v. CowduroySupreme Court of Iowa · 1890
- Friend Bros. Clothing Co. v. HulbertWisconsin Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.