Rollins v. Humphrey
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: O. B. Wyman, Judge. On June 15, 1893, the defendant A. J. Goss, being engaged in the banking business at Hudson, made to the garnishee, Humphrey, a voluntary assignment for the benefit of his creditors. The assignee accepted the trust, and duly qualified, and entered upon his duties as such assignee.
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Appeal from a judgment of the circuit court for St. Croix county: O. B. Wyman, Judge. On June 15, 1893, the defendant A. J. Goss, being engaged in the banking business at Hudson, made to the garnishee, Humphrey, a voluntary assignment for the benefit of his creditors. The assignee accepted the trust, and duly qualified, and entered upon his duties as such assignee. About the same time J. B. Goss, a son of the said A. J. Goss, being engaged in the milling business at River Falls, made a voluntary assignment for the benefit of his creditors to one Weld. December 23,1893, one Lottie Thayer filed…
1Opinion of the Court
Cassodat, 0. J.
The plaintiff is a judgment creditor of the alleged firm of ¿T. B. Goss & Co. A. J. Goss was held to be a member of that firm by reason of allowing himself *71to be held out as such, although he was not, in fact, a member at the time the indebtedness to the plaintiff was incurred. The plaintiff, as such creditor of the firm, seeks by this garnishment to reach the assets assigned by A. J. Goss personally to the defendant Humphrey upon several grounds.
1. It is contended that the answer of the garnishee fails to allege the assignment to himself by A. J. Goss with sufficient…
2Cases cited6 opinions
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- Pickens v. . RymerSupreme Court of North Carolina · 1884
- Draper v. SpringportSupreme Court of the United States · 1882
- Austin v. AustinWisconsin Supreme Court · 1878
- Bracken County Commissioners of Sinking Fund v. DaumCourt of Appeals of Kentucky · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Maxwell v. StackWisconsin Supreme Court · 1945
- Spencer v. HolmanWisconsin Supreme Court · 1902