Maxwell v. Simonton
Wisconsin Supreme Court
APPEAL from the Circuit Court for St. Croix County. The principal defendant, Hicks, was a merchant doing business at New Richmond. On December 22, 1890, he executed and delivered to the plaintiffs, in their firm name of S. A. Maxwell c& Co., a promissory note for §1,082.93, payable February 15, 1891, with a warrant of attorney thereto attached, authorizing the entry of judgment thereon.
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APPEAL from the Circuit Court for St. Croix County. The principal defendant, Hicks, was a merchant doing business at New Richmond. On December 22, 1890, he executed and delivered to the plaintiffs, in their firm name of S. A. Maxwell c& Co., a promissory note for §1,082.93, payable February 15, 1891, with a warrant of attorney thereto attached, authorizing the entry of judgment thereon. On December 26,1890, the said Hicks and wife executed to the garnishee defendant, Simonton, a chattel mortgage in the usual form, reciting a consideration of one dollar, wherein and whereby he sold, assigned,…
1Opinion of the CourtCassoday, J.
A reversal is sought on the ground that the facts in this case bring it squarely within the principles affirmed by this court in Winner v. Hoyt, 66 Wis. 237. It is claimed on the part of the defendant, however, that this case is distinguishable from that, and that the judgment is sustainable on the authority of Carter v. Rewey, 62 Wis. 552, and others like it. That case in connection with Page v. Smith, 24 Wis. 368, wfierein certain personal property was assigned and transferred to T. P. with authority to sell the same and apply the proceeds to the payment of said T. P. and other creditors…
2Cases cited6 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Carter v. ReweyWisconsin Supreme Court · 1885
- Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
- Page v. SmithWisconsin Supreme Court · 1869
- Stout v. WatsonOregon Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892
- Dahlman v. GreenwoodWisconsin Supreme Court · 1898
- McCown v. RussellWisconsin Supreme Court · 1893
- Jameson v. MaxcyWisconsin Supreme Court · 1895
- Duryea v. MuseWisconsin Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.