Excelsior Mill Co. v. Hanover
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: Chas. Y: Babdeeh, Circuit Judge. On December 18, 1896, Frederick A. and Clarence G. Hanover, copartners, being insolvent and without expectation of working out of said insolvency, mortgaged their entire partnership stock in trade to the garnishee defendant, Henry D. Hcmover, to secure the note of Clarence G. Hanover to said Henry J). Hanover, the condition being that “ said mortgagor shall pay to said mortgagee…
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Appeal from a judgment of the circuit court for Lincoln county: Chas. Y: Babdeeh, Circuit Judge. On December 18, 1896, Frederick A. and Clarence G. Hanover, copartners, being insolvent and without expectation of working out of said insolvency, mortgaged their entire partnership stock in trade to the garnishee defendant, Henry D. Hcmover, to secure the note of Clarence G. Hanover to said Henry J). Hanover, the condition being that “ said mortgagor shall pay to said mortgagee the sum of one thousand dollars, according to the terms of a certain promissory note executed by the said E. A. Hanover,…
1Opinion of the CourtDodge, J.
There were vigorously argued in this case several important questions relating to the rights of the firm creditors against partnership assets when attempted to he applied to private debts of the partners, which, however, it is wholly unnecessary- to consider. Here, the partnership property had all been sold to bona fide purchasers for value before the garnishment, and the money proceeds thereof had, with consent of both partners, been applied in part payment of the bona fide private debt secured by the mortgage, and had been mingled with other moneys.
The cases of Spitz v. Tripp, 86 Wis. 25,…
2Cases cited5 opinions
- La Crosse National Bank v. WilsonWisconsin Supreme Court · 1889
- Salter v. Bank of Eau ClaireWisconsin Supreme Court · 1897
- Spitz v. TrippWisconsin Supreme Court · 1893
- Powers v. LargeWisconsin Supreme Court · 1887
- Jones v. KosingWisconsin Supreme Court · 1896
3Cited by2 opinions
- Allen, Exr. v. EtterIndiana Court of Appeals · 1931
- Fernhaber v. SteinWisconsin Supreme Court · 1923