Keith v. Armstrong
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jwnecm County. Attachment. The facts are stated in the opinion. After trial of the issues made by the traverse, the circuit court made an order vacating and discharging the attachment. From that order the plaintiffs appealed. This case and that of Hill v. Armst/rong and another, post, p. 231, were argued together. To the point that pai’ment of individual debts with partnership property is fraudulent, they cited Wilson v. Bdbertson, 21 hi.
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APPEAL from the Circuit Court for Jwnecm County. Attachment. The facts are stated in the opinion. After trial of the issues made by the traverse, the circuit court made an order vacating and discharging the attachment. From that order the plaintiffs appealed. This case and that of Hill v. Armst/rong and another, post, p. 231, were argued together. To the point that pai’ment of individual debts with partnership property is fraudulent, they cited Wilson v. Bdbertson, 21 hi. Y. 587; Menagh v. WhitwelZ, 52 id. 146; Bump on Fraud. Conv. 257; Lord v. Devendorf, 54 Wis. 491; Smith v. Howa/rd, 20…
1Opinion of the CourtCole, C. J.
The affidavit for the attachment was based on the ground that the defendants had assigned, conveyed, and disposed of their property with intent to defraud their creditors. The defendants, by special answer, traversed the facts in the affidavit, except as to the amount of the indebtedness. It appears that before this traverse was filed the defendants had voluntarily assigned their property under ch. 80, R. S., for the benefit of their creditors.1 Now the objection is taken, on behalf of the plaintiffs, that the defendants had no right to traverse the facts set up in the affidavit, because they…
2Cases cited7 opinions
- David v. BirchardWisconsin Supreme Court · 1881
- Viles v. BangsWisconsin Supreme Court · 1874
- Yernon v. UpsonWisconsin Supreme Court · 1884
- Cotzhausen v. JuddWisconsin Supreme Court · 1877
- Howitt v. BlodgettWisconsin Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCord, Brady & Co. v. BowenNebraska Supreme Court · 1897
- Winner v. KuehnWisconsin Supreme Court · 1897
- Clark v. LamoreuxWisconsin Supreme Court · 1888
- Evans v. VirginWisconsin Supreme Court · 1887
- Bergman v. JonesNorth Dakota Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.