Brooks v. Sullivan
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Replevin, commenced against Sullivan December 10, 1869, for one hundred and forty-three fishing nets. Plaintiff claimed as the assignee of the firm of Sullivan & Co., in trust for the payment of their debts. The answer of Sullivan was a general denial. His two codefendants became sureties on his undertaking, given on the 13th of December, 1869, to obtain his discharge from arrest.
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APPEAL from the County Court of Milwaukee County. Replevin, commenced against Sullivan December 10, 1869, for one hundred and forty-three fishing nets. Plaintiff claimed as the assignee of the firm of Sullivan & Co., in trust for the payment of their debts. The answer of Sullivan was a general denial. His two codefendants became sureties on his undertaking, given on the 13th of December, 1869, to obtain his discharge from arrest. Upon the trial, the plaintiff put in evidence the assignment under wbicb be claimed. It was executed December 10,1869; was signed “ Sullivan & Co.,” and included,…
1Opinion of the CourtCole, J.
The plaintiffs title was founded upon the assignment offered in evidence. That was an assignment for the benefit of creditors, of all the partnership property, made in the name'of the firm by the partner Donovan. It appears that Driscoll was present, and approved of the assignment, and therefore, in contemplation of law, must be deemed to have executed it. But the defendant Sullivan, the other partner, though present in the city of Milwaukee when the transaction took place, yet was not consulted about the assignment, and knew nothing about it until after it was made. And, notwithstanding this…
2Cases cited1 opinion
- Hood v. FinchWisconsin Supreme Court · 1859
3Cited by5 opinions
- Rumery v. McCullochWisconsin Supreme Court · 1882
- Farwell v. WebsterWisconsin Supreme Court · 1888
- Coleman v. DarlingWisconsin Supreme Court · 1886
- Bergland v. FrawleyWisconsin Supreme Court · 1888
- Steinhart v. FyhrieMontana Supreme Court · 1885