Clark v. Lamoreux
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. The action was brought by the plaintiff, as the assignee, for the benefit of creditors, of Joseph 'Wolf, Jr., and W. G-. Liebig, to recover the possession of certain personal property of the alleged value of $2,185.82. The answer was (1) a general denial; (2) that the defendant, as sheriff of Dodge county, claimed the possession of the property by virtue of two attachments, one in favor of Morawitz & Brandt, for the sum of…
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APPEAL from the Circuit Court for Dodge County. The action was brought by the plaintiff, as the assignee, for the benefit of creditors, of Joseph 'Wolf, Jr., and W. G-. Liebig, to recover the possession of certain personal property of the alleged value of $2,185.82. The answer was (1) a general denial; (2) that the defendant, as sheriff of Dodge county, claimed the possession of the property by virtue of two attachments, one in favor of Morawitz & Brandt, for the sum of $324.93, and the other in favor of Friend Bros.’ Clothing Co., for the sum of $1,037, due and to become due, both being…
1Opinion of the Court
Cole, 0. J".
The plaintiff claims title and the right to the possession of the goods in controversy by virtue of the assignment made to him by Wolf & Liebig for the benefit of their creditors. The validity of that assignment is, therefore, the first question to be considered. It is insisted that the assignment was not lawfully executed, and was void as against the creditors of the assignors, for several reasons. It seems to us that at least one of these objections must be sustained.
Sec. 1696, R. S., requires the assignee, in the presence of the officer taking the bond, before delivering to…
2Cases cited7 opinions
- Sprague v. BrownWisconsin Supreme Court · 1876
- Booth v. AblemanWisconsin Supreme Court · 1865
- Perry v. WilliamsWisconsin Supreme Court · 1876
- Keith v. ArmstrongWisconsin Supreme Court · 1886
- Smith v. PhillipsWisconsin Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Lehrhaupt v. FlynnNew Jersey Superior Court Appellate Division · 1976
- Grever v. CulverWisconsin Supreme Court · 1893
- Shakman v. SchlueterWisconsin Supreme Court · 1890
- Evans v. VirginWisconsin Supreme Court · 1888
- Dunphy v. SheehanNevada Supreme Court · 1976