Petersen v. Schroeder
Wisconsin Supreme Court
APPEAL from the Circuit Court for Calumet County. Action by the assignee of Adolph Moeller to set aside a conveyance executed by said Moeller and wife to the defendant Schroeder.
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APPEAL from the Circuit Court for Calumet County. Action by the assignee of Adolph Moeller to set aside a conveyance executed by said Moeller and wife to the defendant Schroeder. The circuit court found as facts (1) that when said Moeller executed and delivered the deed to Schroeder said Moeller was insolvent, and he made it in contemplation of an assignment and insolvency, and with the intent to give the said Schroeder a preference for his debt; (2) that Schroeder, at the time of receiving such deed, had reasonable cause to believe Moeller was insolvent and that the same was made in…
1Opinion of the CourtDole, C. J.
This action is brought by an assignee under ch. 349, Law's of 1883, to set aside a conveyaiice made by his assignor and wrife to the defendant Schroeder. The conveyance was made but a few hours before the execution of *574•the assignment, and it is claimed that the evidence is conclusive that the intention of tbe parties to it was to secure an unlawful preference of one creditor over another. The object of the act above referred to is very clear, and it prohibits any such preference by a failing debtor who after-wards' makes an assignment, as this court has held under cases coming before it. The…
2Cases cited2 opinions
- Grant v. National BankSupreme Court of the United States · 1878
- Barbour v. PriestSupreme Court of the United States · 1881
3Cited by2 opinions
- In re Pettingill & Co.Court of Appeals for the First Circuit · 1905
- In re Pettingill & Co.District Court, D. Massachusetts · 1905