Legal Opinion

Prokopovitz v. Kurowski

Wisconsin Supreme Court

Decided November 4, 1919PublishedCited by 4 opinions

Appeal from a judgment of the circuit court for Shaw-ano county: Edgar V. Werner, Circuit Judge. This action was brought by plaintiff upon notes owing to him by the defendant Chimka. ; Property in the hands of the intervening defendant, Joseph Kurowski, was attached.

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Appeal from a judgment of the circuit court for Shaw-ano county: Edgar V. Werner, Circuit Judge. This action was brought by plaintiff upon notes owing to him by the defendant Chimka. ; Property in the hands of the intervening defendant, Joseph Kurowski, was attached. Kurowski claimed ownership, and plaintiff claimed that the sale to Kurowski was void as to creditors of Mike Chimka, who had sold the property to Joseph'Palka, of whom Kur-owski bought it; neither sale being in compliance with the bulk sales law. Plaintiff, Prokopovitz, originally owned the stock of merchandise in question. Pie…

1Opinion of the CourtSiebecker, J.

' In addition to the facts referred to in the foregoing statement the court found (1) that the transfer of the goods, Wares, and merchandise to Kurowski was accomplished by assignment by Palka of the contract of sale and purchase between him and Chimka; (2) that Kurowski knew the terms of such transfer of this property and that he knew that the creditors of Chimka. specified in both sales to *193be paid by the purchaser were not all of Chimka’s creditors, and that he was informed before the purchase that Chimka owed plaintiff on the note sued on; (3) that Kurozvski knew that Chimka and Palka were…

2Cases cited5 opinions

  1. Jaques & Tinsley Co. v. Carstarphen Warehouse Co.Supreme Court of Georgia · 1908
  2. Fisher v. HerrmannWisconsin Supreme Court · 1903
  3. Gazett v. Iola Co-operative Mercantile Co.Wisconsin Supreme Court · 1916
  4. Zahl v. BillingsWisconsin Supreme Court · 1903
  5. Leidersdorf v. KressWisconsin Supreme Court · 1919

3Cited by4 opinions

  1. Carnall v. KramerSupreme Court of Iowa · 1922
  2. Wyman, Partridge & Co. v. TierneyWyoming Supreme Court · 1930
  3. Hanson v. Knutson Hardware Co.Wisconsin Supreme Court · 1924
  4. Swafford v. KetchumSupreme Court of Arkansas · 1928

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