Case v. James
Wisconsin Supreme Court
Appeal from a judgment of tbe county court of Wauke-sha county: M. S. Griswold, Judge. This is an appeal from a judgment of the county court of Waukesha county in favor of the garnishee. T. Haynes & Son were a copartnership in business at Waukesha. On the 2d day of December, 1893, there were two mortgages upon parts of their stock in trade. One mortgage was to Wells, Nellegar & Co., for $301.23, upon nine bicycles, each particularly described.
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Appeal from a judgment of tbe county court of Wauke-sha county: M. S. Griswold, Judge. This is an appeal from a judgment of the county court of Waukesha county in favor of the garnishee. T. Haynes & Son were a copartnership in business at Waukesha. On the 2d day of December, 1893, there were two mortgages upon parts of their stock in trade. One mortgage was to Wells, Nellegar & Co., for $301.23, upon nine bicycles, each particularly described. They had sold •one of the bicycles and used the money. On that day they gave a new mortgage upon another bicycle in place of the one which had been…
1Opinion of the CourtNewman, J.
The plaintiffs allege four grounds of error: (1) The court erred in holding that the assignment papers -were valid or sufficient in form and substance under the law. (2) The court erred in holding this assignment valid, for by it preferences were given to creditors. (3) The court erred in taking the case away from the jury and deciding the question of fraudulent intent itself. (4) The court erred in refusing to set aside its judgment and grant a new trial herein.
1. The first ground of error relates to the manner and form in which the justification of the sureties upon the as-signee’s bond was…
2Cases cited5 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Batten v. SmithWisconsin Supreme Court · 1885
- Anderson v. PattersonWisconsin Supreme Court · 1885
- Merchants' & Mechanics' Savings Bank v. LovejoyWisconsin Supreme Court · 1893
- Lawson v. StacyWisconsin Supreme Court · 1892
3Cited by3 opinions
- Cumberland Tel'p & Tel'g Co. v. OverfieldCourt of Appeals of Kentucky · 1907
- Killman v. GregoryWisconsin Supreme Court · 1895
- Durr v. WildishWisconsin Supreme Court · 1898