Legal Opinion

Norton v. Reed

Wisconsin Supreme Court

Decided July 1, 1858PublishedCited by 11 opinions

APPEAR FR0J1 THE RACINE CIRCUIT COURT. This was an action of trespass, de loivis, commenced by tbe appellants against tbe respondents. Tbe appellants claimed title to tbe goods, as assignees in possession, of one Orson Sheldon. Tbe respondents, defendants below, in tlieir answer, alleged that tbe assignment by Sbeldon to the plaintiffs was fraudulent, and made to binder and delay the creditors of tbe said Sbeldon.

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APPEAR FR0J1 THE RACINE CIRCUIT COURT. This was an action of trespass, de loivis, commenced by tbe appellants against tbe respondents. Tbe appellants claimed title to tbe goods, as assignees in possession, of one Orson Sheldon. Tbe respondents, defendants below, in tlieir answer, alleged that tbe assignment by Sbeldon to the plaintiffs was fraudulent, and made to binder and delay the creditors of tbe said Sbeldon. Also that tbe said assignment was made with a view to insolvency, and that tbe said plaintiffs, as such assignees, bad failed and neglected to execute a bond in a penal sum, and…

1Opinion of the Court

By the Oov/rt,

Smith, J.

The appellants in this case claim under an assignment made by Orson Sheldon. The defendants claim in the right of attaching creditors of the said Shel don, and rely for their defense upon impeaching the assignment aforesaid.

The only ground on which it is attempted to impeach or invalidate the assignment is contained in the charge of the circuit court to the jury on the trial, to the ’effect, “ that the said assignment was absolutely void as to the creditors of the assignor, under and by virtue of chapter eighty-seven of the session laws of 1857, and that the plaintiffs…

2Cited by11 opinions

  1. American Water-Works Co. v. State ex rel. WalkerNebraska Supreme Court · 1895
  2. State ex rel. Husting v. Board of State CanvassersWisconsin Supreme Court · 1914
  3. Young & Co. v. Hartford Fire Ins.Supreme Court of Iowa · 1877
  4. Seaton Mountain Electric Light, Heat & Power Co. v. Idaho Springs Investment Co.Supreme Court of Colorado · 1910
  5. Derby Club, Inc. v. BecketWashington Supreme Court · 1953

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