Cohen v. Lachenmaier
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Oeeew T. Williams, Circuit Judge. This is an action to recover the balance claimed to be due on a promissory note for $700, signed by the defendant and held and owned by the plaintiff. One third of the face of the note was paid by a dividend in the bankruptcy proceedings against the defendant under a composition offer and settlement.
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Appeal from a judgment of the circuit court for Milwaukee county: Oeeew T. Williams, Circuit Judge. This is an action to recover the balance claimed to be due on a promissory note for $700, signed by the defendant and held and owned by the plaintiff. One third of the face of the note was paid by a dividend in the bankruptcy proceedings against the defendant under a composition offer and settlement. The court awarded judgment for the balance claimed, basing the judgment on a promise of the defendant to pay such balance. This is an appeal from the judgment of the circuit court affirming the…
1Opinion of the CourtSiebeckee, J.
The note was executed on December 30, 1909. On Eebruary 7, 1910, the defendant was adjudged a voluntary bankrupt, and on February 17, 1910, he filed an offer of composition of thirty-three and one-third per cent, with his creditors. This offer was accepted by a majority in number and amount of the creditors, including the plaintiff, and was confirmed by the court on March 15 or 16, 1910.
The plaintiff testified that, between the time when the defendant was declared a bankrupt and the time when he was discharged of his debts in the bankruptcy proceedings, the defendant told him that he would…
2Cases cited1 opinion
- In re Merriman's EstateSupreme Court of Connecticut · 1878
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