Severson v. Porter
Wisconsin Supreme Court
APPEAL from the Circuit Court for Pock County. •Garnishment. The principal action was brought against Joseph K. P. Porter. The garnishee, Isaac G. Porter, is the assignee named in a voluntary assignment executed by Joseph K. P. Porter, William B. Porter, and Joseph B. Porter, as partners, for the benefit of their creditors. The garnishee answered denying all liability as such. The plaintiffs took issue upon such answer.
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APPEAL from the Circuit Court for Pock County. •Garnishment. The principal action was brought against Joseph K. P. Porter. The garnishee, Isaac G. Porter, is the assignee named in a voluntary assignment executed by Joseph K. P. Porter, William B. Porter, and Joseph B. Porter, as partners, for the benefit of their creditors. The garnishee answered denying all liability as such. The plaintiffs took issue upon such answer. Upon the trial the circuit court found the facts in substance as follows: In 1869 Joseph K. P. Porter, who then owned and occupied a farm of about 317 acres in section 5 of…
1Opinion of the Court
Colb, 0. J.
If the assignment in this case is valid, the judgment of the circuit court discharging the garnishee must be affirmed. The assignment transferred to the as-signee all the property of the assignors of every kind. It is objected that the assignment was made with the intent to hinder and defraud creditors, but there is an entire absence of testimony to support such an assumption. On the contrary, the evidence shows beyond all doubt that the assignors acted in the utmost good faith in making the assignment, and did what they deemed was best for their creditors. They treated all the…
2Cases cited7 opinions
- Batten v. SmithWisconsin Supreme Court · 1885
- O'Gorman v. FinkWisconsin Supreme Court · 1883
- Bates v. SimmonsWisconsin Supreme Court · 1885
- Cribben v. EllisWisconsin Supreme Court · 1887
- First National Bank of Dubuque v. BakerWisconsin Supreme Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
- Sullivan v. SullivanWisconsin Supreme Court · 1904
- Bong v. ParmentierWisconsin Supreme Court · 1894
- Red River Valley Bank v. FreemanNorth Dakota Supreme Court · 1890
- In re Assignment of SherryWisconsin Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.