Standard Paper Co. v. Krauthoefer
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. ■ Tbe appellant was summoned as garnishee of one Fabsel, and be answered, in substance, that be was not liable as suob, for tbe reason that be beld tbe credits, property, and effects of Fabsel by virtue of an assignment made to bim by tbe latter for tbe benefit of bis creditors, pursuant to tbe statute, and sucb assignment and accompanying proceedings were made a part of bis…
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Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. ■ Tbe appellant was summoned as garnishee of one Fabsel, and be answered, in substance, that be was not liable as suob, for tbe reason that be beld tbe credits, property, and effects of Fabsel by virtue of an assignment made to bim by tbe latter for tbe benefit of bis creditors, pursuant to tbe statute, and sucb assignment and accompanying proceedings were made a part of bis answer, upon wbicb tbe plaintiff moved for judgment. Tbe only objection made to tbe assignment was that it was void for tbe…
1Opinion of the CourtPiNkey, J.
The statute (R. S. 1818, sec. 1694) declares that all voluntary assignments for tbe benefit of or in trust for creditors shall be void “ unless the assignee shall be a resident of the 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 assignors at the time of the execution of such assignment shall reside, not being a creditor of sueh assignor, a bond duly executed to the clerk of…
2Cases cited3 opinions
- Grever v. CulverWisconsin Supreme Court · 1893
- Auley v. OstermanWisconsin Supreme Court · 1886
- Lindsay v. GuyWisconsin Supreme Court · 1883