State Bank of La Crosse v. Bienfang
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for La Crosse county: J. J. Feuit, Circuit Judge. On March 6, 1905, tbe defendant -Schallert, being indebted to tbe plaintiff as indorser or guarantor on a note of tbe Market Grocery Company, of which be was tbe principal owner, entered into an agreement to purchase from one Bunting certain real estate with certain personal property thereon for the sum of $7,100, to be paid: $3,000 thereof by transferring a note due to Schallert…
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Appeal from a judgment of tbe circuit court for La Crosse county: J. J. Feuit, Circuit Judge. On March 6, 1905, tbe defendant -Schallert, being indebted to tbe plaintiff as indorser or guarantor on a note of tbe Market Grocery Company, of which be was tbe principal owner, entered into an agreement to purchase from one Bunting certain real estate with certain personal property thereon for the sum of $7,100, to be paid: $3,000 thereof by transferring a note due to Schallert from the Central Electric Company; $2,900 by transferring Schallert’s twenty-nine shares of stock in said Market Grocery…
1Opinion of the CourtDodge, J.
"While the findings as to Schallcrt’s fraudulent intent in procuring conveyance of the described real estate direct to the appellant, Bienfang, and her participation, that the entire consideration therefor was paid by the defendant Schallert, and that said conveyance was made and taken in secret trust for said Schallert, are vigorously assailed, we find, upon examination of the evidence, no clear preponderance against any of them, and therefore must proceed to consider the case upon the assumption that such facts exist. We may say, however, that we find no evidence whatever of any transfer to…
2Cases cited18 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Chappell v. McKnightIllinois Supreme Court · 1884
- Peck v. BemissSupreme Court of Louisiana · 1855
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
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3Cited by2 opinions
- Sweet v. PurintonSouth Dakota Supreme Court · 1918
- Dorrington v. JacobsWisconsin Supreme Court · 1934