Sweet v. Neff
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. August 27, 1897, the principal defendants were insolvent merchants having on hand a stock in trade and some store fixtures of the value of some over $2,000 and about $500 in book accounts. Among the creditors of such defendants were plaintiff and the mortgagees .hereinafter mentioned.
Read the full summary
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buenell, Circuit Judge. August 27, 1897, the principal defendants were insolvent merchants having on hand a stock in trade and some store fixtures of the value of some over $2,000 and about $500 in book accounts. Among the creditors of such defendants were plaintiff and the mortgagees .hereinafter mentioned. Such mortgagees, each acting independently of the other and knowing of the insolvent condition of such defendants, gave his or its claim to M. H. Eaton, an attorney at law, with instructions to collect or secure it.…
1Opinion of the CourtMarshall, J.
The question for decision on this appeal is: Did the mortgages given by Davis & Buckstaff to the garnishee defendants, under the circumstances, constitute an assignment for the benefit of creditors within the decisions *485of this court in Winner v. Hoyt, 66 Wis. 227; Strong v. Kalk, 91 Wis. 29; Jameson v. Maxcy, 91 Wis. 563; Collins v. Corwith, 94 Wis. 514, and similar cases ? The principles of law governing the subject are too well known to require any discussion here. It is the established doctrine that if an insolvent debtor make a conveyance to, or by any arrangement place his property under…
2Cases cited6 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Jameson v. MaxcyWisconsin Supreme Court · 1895
- Menzesheimer v. KennedyWisconsin Supreme Court · 1890
- Michelstetter v. WeinerWisconsin Supreme Court · 1892
- Strong v. KalkWisconsin Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Oborn v. StateWisconsin Supreme Court · 1910
- Gilbert Paper Co. v. Whiting Paper Co.Wisconsin Supreme Court · 1905
- Duryea v. MuseWisconsin Supreme Court · 1903