Michelstetter v. Weiner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Trover for a stock of books and stationery. The defendant justified as sheriff under a writ of attachment against the property of one Henry Michelstetter and claimed that the stock of goods was the property of said Henry and had been conveyed to plaintiff in fraud of creditors. It appeared by the evidence that Henry Michelstetter originally owned the stock of goods.
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APPEAL from the Circuit Court for Chippewa County. Trover for a stock of books and stationery. The defendant justified as sheriff under a writ of attachment against the property of one Henry Michelstetter and claimed that the stock of goods was the property of said Henry and had been conveyed to plaintiff in fraud of creditors. It appeared by the evidence that Henry Michelstetter originally owned the stock of goods. On the 22d day of March, 1886, he executed three several mortgages on the property to secure his notes of the same date, viz., one to T. J. Cunningham for $205; one to Arthur…
1Opinion of the CourtWinslow, J.
The appellants strenuously contend that the transactions between Henry Michelstetter and the chattel mortgagees constitute an assignment for the benefit of a part of his creditors, and that they must be held void, within the rule laid down in Winner v. Hoyt, 66 Wis. 227. This contention must fail, because the evidence nowhere shows that any trust was created or trustee appointed either in writing or by parol. This court has held that in order to stamp a transaction of this nature with the character of a voluntary assignment there must be a trust created and a trustee appointed. Ingram v.…
2Cases cited5 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
- Greene & Button Co. v. RemingtonWisconsin Supreme Court · 1888
- Ingram v. OsbornWisconsin Supreme Court · 1887
- Janvrin v. MaxwellWisconsin Supreme Court · 1868
3Cited by6 opinions
- Fisher v. HerrmannWisconsin Supreme Court · 1903
- Carey v. DyerWisconsin Supreme Court · 1897
- Northern National Bank v. WeedWisconsin Supreme Court · 1893
- Sweet v. NeffWisconsin Supreme Court · 1899
- Dubuque Nat. Bank v. WeedU.S. Circuit Court for the District of Western Wisconsin · 1892
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