Legal Opinion

Duryea v. Muse

Wisconsin Supreme Court

Decided April 17, 1903PublishedCited by 6 opinions

Appeal from a judgment of the circuit court for Douglas county: A. J. Viuje, Circuit Judge. Ou October 16, 1901, the principal defendant, Christopher Guthrie, was a resident and citizen of the city of Superior, and had been for a long time prior thereto. He was on the day and year mentioned, hopelessly insolvent, being indebted in a much larger sum than the fair market value of all his property.

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Appeal from a judgment of the circuit court for Douglas county: A. J. Viuje, Circuit Judge. Ou October 16, 1901, the principal defendant, Christopher Guthrie, was a resident and citizen of the city of Superior, and had been for a long time prior thereto. He was on the day and year mentioned, hopelessly insolvent, being indebted in a much larger sum than the fair market value of all his property. ITe was indebted, among others, to J. Y. Earwell & Co., of Chicago, in the sum of $5,000, and to parties in St. Paul in the sum of $2,000. On October 16, 1901, said Guthrie made and delivered to the…

1Opinion of the CourtCassoday, C. J.

Our statute declaims that:

“All voluntary assignments or transfers whatever of any real estate, chattels real, goods or chattels, rights, credits, moneys or effects for the benefit of or in trust for creditors shall be void as against the creditors of the person making the same unless the assignee shall be a resident of this state and shall, before taking possession of the property assigned and before taking upon himself any trust conferred upon him by the instrument of assignment, deliver to the county judge or court commissioner of the county in which such assignor or some one of the…

2Cases cited15 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. Corfield v. CoryellU.S. Circuit Court for the District of Eastern Pennsylvania · 1823
  3. West Co. v. LeaSupreme Court of the United States · 1899
  4. Eingartner v. Illinois Steel Co.Wisconsin Supreme Court · 1896
  5. In re SieversDistrict Court, E.D. Missouri · 1899

10 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re Weedman Stave Co.District Court, E.D. Arkansas · 1912
  2. In re Voluntary Assignment of TarnowskiWisconsin Supreme Court · 1926
  3. Gilbert Paper Co. v. Whiting Paper Co.Wisconsin Supreme Court · 1905
  4. Pobreslo v. Joseph M. Boyd Co.Wisconsin Supreme Court · 1932
  5. Mayfield Woolen Mills v. Goodrich & Martineau Co.Wisconsin Supreme Court · 1926

1 more not listed; retrieve them via the Exa API.

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