Churchill v. Whipple
Wisconsin Supreme Court
APPEAL from the Circuit Court for JEau Olcoire County. Action to recover the value of a stoclc of hoots and shoes alleged to have been wrongfully taken by the defendants from the possession of the plaintiff, and unlawfully converted to their own use. Cobban & Dunn, with a view to insolvency, executed to the plaintiff) as assignee, a voluntary assignment for the benefit of their creditors, of all their property not exempt by law from seizure upon attachment or execution.
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APPEAL from the Circuit Court for JEau Olcoire County. Action to recover the value of a stoclc of hoots and shoes alleged to have been wrongfully taken by the defendants from the possession of the plaintiff, and unlawfully converted to their own use. Cobban & Dunn, with a view to insolvency, executed to the plaintiff) as assignee, a voluntary assignment for the benefit of their creditors, of all their property not exempt by law from seizure upon attachment or execution. By virtue of such assignment the plaintiff took possession of the assigned property, including the goods in controversy. The…
1Opinion of the Court
Lyon, J\
The statute which must control the determination of this appeal (Laws of 1858, eh. 64, sec. 1) is as follows:
“ All voluntary assignments or transfers whatever of any real estate, chattels real, goods or chattels, rights, credits, moneys or effects, hereafter made within this state for the benefit of creditors, or with a view to insolvency, shall be void as against the creditors of the person making the same, unless the assignee or assignees shall be residents of this state, and shall, before taking possession of the property assigned, and before taking upon himself, or themselves, the…
2Cited by6 opinions
- Goll v. HubbellWisconsin Supreme Court · 1884
- Wadleigh v. MerkleWisconsin Supreme Court · 1883
- Auley v. OstermanWisconsin Supreme Court · 1886
- Lindsay v. GuyWisconsin Supreme Court · 1883
- Smith v. McCullochWisconsin Supreme Court · 1877
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