Magnus v. Sleeper, Assignee
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. On November 5, 1883, one Joseph Bursinger executed an assignment of his property for the benefit of his creditors, to Jonas H. Sleeper, the respondent, and the same was filed in the proper clerk’s office on the following day. The as-signee qualified as such, and proceeded to execute his trust in attempted compliance with the statute.
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APPEAL from the Circuit Court for Jefferson County. On November 5, 1883, one Joseph Bursinger executed an assignment of his property for the benefit of his creditors, to Jonas H. Sleeper, the respondent, and the same was filed in the proper clerk’s office on the following day. The as-signee qualified as such, and proceeded to execute his trust in attempted compliance with the statute. E. S. ch. 80. The appellant, A. Magnus, was scheduled as a creditor of the assignor, and filed due proof of his claim as required by sec. 1699, E. S. January 20, 1885, the respondent filed in the circuit court…
1Opinion of the CourtLyoN, J.
In Baelchaus v. Sleeper, 66 Wis. 68, a direct attack was made upon tbe assignment now under consideration, and it was held that the same was executed with intent to defraud tbe general creditors of the assignor. Backhaus *222thereupon, became entitled to pajunent of his claim out of the fund in the hands of the assignee, and the same was properly so paid. No such attack is made by the appellant, but he is in court admitting the validity of the assignment, and only demands the removal of the assignee named therein, and that some other person be appointed to execute the trusts of the instrument.
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2Cases cited1 opinion
- Backhaus v. SleeperWisconsin Supreme Court · 1886
3Cited by5 opinions
- Stafford v. General Supply Co.Wisconsin Supreme Court · 1958
- Lawson v. StacyWisconsin Supreme Court · 1892
- Osborn v. DobrinzWisconsin Supreme Court · 1893
- Will of Corse v. Manufacturers National Bank of RacineWisconsin Supreme Court · 1928
- Freeman v. WoodNorth Dakota Supreme Court · 1905