Day v. Wetherby
Wisconsin Supreme Court
APPEAL from tie Circuit Court for St. Croix County. The plaintiff, as assignee of a judgment in favor of Lester Sexton and otters, brought this action in behalf of himself and other judgment creditors, who might choose to join, against B. Dore, P. Dwyer and B. Joyce, co-partners, under the firm name of Dore & Go., and P. Wetherby and J. M. Whaley, to set aside a deed, absolute in form, of a store and lot alleged to be partnership property, given by such co-partners to said…
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APPEAL from tie Circuit Court for St. Croix County. The plaintiff, as assignee of a judgment in favor of Lester Sexton and otters, brought this action in behalf of himself and other judgment creditors, who might choose to join, against B. Dore, P. Dwyer and B. Joyce, co-partners, under the firm name of Dore & Go., and P. Wetherby and J. M. Whaley, to set aside a deed, absolute in form, of a store and lot alleged to be partnership property, given by such co-partners to said Wetherby as security for a debt of the firm to the First National Bank of Hudson, and also a deed subsequently executed…
1Opinion of the CourtCole, J.
We think the circuit court erred in refusing to make the First National Bank of Hudson a party to the action on the application of the trustee, Judge Wetherby. The bank was the real party interested in the controversv. Both the *370debts of Dore & Co. and of Dore & Dwyer, belonged to it, and it is conceded on botli sides that tbe conveyance made to Judge Wetherby, wbieb it is songbt to bave set aside and cancelled, was given to secure tbe payment of one of those debts. Although Judge Wetherby was a stockholder in the bank at the time the conveyance of December 4th, 1866, was executed, yet it is…
2Cited by5 opinions
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