Boynton Furnace Co. v. Sorensen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The facts were stipulated as follows: Before and until December 9, 1890, defendants Case and Sorensen were partners. On that date the firm dissolved. Sorensen retained most of the stock in trade, and all book-accounts of the-firm, and assumed its indebtedness. Among the outstanding book accounts was one of $168.94 against B. O. Brett,. the garnishee defendant.
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APPEAL from the Circuit Court for Brown County. The facts were stipulated as follows: Before and until December 9, 1890, defendants Case and Sorensen were partners. On that date the firm dissolved. Sorensen retained most of the stock in trade, and all book-accounts of the-firm, and assumed its indebtedness. Among the outstanding book accounts was one of $168.94 against B. O. Brett,. the garnishee defendant. December 16, 1890, Sorensen-made a voluntary assignment in the usual form to one G-eorge D. Nau, for the benefit of his creditors. The assignment included the book-accounts of the late…
1Opinion of the CourtLyoN, J.
The question which first presents itself for determination is whether, under the stipulated facts in the case, the plaintiff’s judgment against Brett (the garnishee) can be upheld. The plaintiff came in under the assignment, and filed due proof in the assignment proceedings of its claim against Case & Sorensen, and thus entitled itself to share in the dividends arising from the assets in the hands of the assignee. There is no claim of fraud on the part of the assignor or assignee, and, when the plaintiff thus came in under the assignment, he is chargeable with notice of the defect in the…
2Cases cited6 opinions
- Damp v. Town of DaneWisconsin Supreme Court · 1872
- Canty v. LatternerSupreme Court of Minnesota · 1883
- McClure v. CampbellWisconsin Supreme Court · 1888
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
- In re WalkerSupreme Court of Minnesota · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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