Batten v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. January 9, 1884, the defendants, composing the firm of R. S. Smith & Co., made an assignment under ch. 80, R. S., to Richard T. Richards, of all their property and effects of every kind and description, real, personal, and mixed, belonging to them, or in which they, or either of them, had any right or interest, or which were held by any person or persons for them, or in trust for them, or either of them (except such as were…
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APPEAL from the Circuit Court for Iowa County. January 9, 1884, the defendants, composing the firm of R. S. Smith & Co., made an assignment under ch. 80, R. S., to Richard T. Richards, of all their property and effects of every kind and description, real, personal, and mixed, belonging to them, or in which they, or either of them, had any right or interest, or which were held by any person or persons for them, or in trust for them, or either of them (except such as were exempt from levy and sale on execution under the laws of the state of Wisconsin), the same being more fully and particularly…
1Opinion of the CourtCassoday, J.
The statute requiring the assignor to make and file, in the office of the clerk, “ a correct inventory of his assets, and a list of his creditors,” within ten days after the execution of the assignment, is peremptory, and a failure to so make and file avoids the assignment. Sec. 1697, R. S.; Haben v. Harshaw, 59 Wis. 410. But the same section and *96the same decision declare, in effect, that no mistake made in the inventory or list filed shall invalidate the assignment or affect the right of any creditor. The word “ mistake ” is not confined to inaccurately stating or describing any of the…
2Cases cited10 opinions
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Hawks v. PritzlaffWisconsin Supreme Court · 1881
- First National Bank of Madison v. HackettWisconsin Supreme Court · 1884
- Yernon v. UpsonWisconsin Supreme Court · 1884
- Davidson v. HackettWisconsin Supreme Court · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- S. L. Sheldon Co. v. MayersWisconsin Supreme Court · 1892
- Voorhees v. CarpenterIndiana Supreme Court · 1891
- McCaul v. ThayerWisconsin Supreme Court · 1887
- Conlee Lumber Co. v. Ripon Lumber & Manufacturing Co.Wisconsin Supreme Court · 1886
16 more not listed; retrieve them via the Exa API.