Legal Opinion

Weber v. Weber

Wisconsin Supreme Court

Decided June 20, 1895PublishedCited by 11 opinions

Aiteals from orders of the superior court of Milwaukee county: R. N. Austin", Judge. From January 27, 1893, to September 5, 1894, the plaintiffs, Gershom and David Weber, and the defendant, A. M. Weber, were copartners, and extensively engaged in carrying on a general merchandise business at Milwaukee and Oshkosh, under the firm names of Weber Bros, and Weber Dry Goods Company.

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Aiteals from orders of the superior court of Milwaukee county: R. N. Austin", Judge. From January 27, 1893, to September 5, 1894, the plaintiffs, Gershom and David Weber, and the defendant, A. M. Weber, were copartners, and extensively engaged in carrying on a general merchandise business at Milwaukee and Oshkosh, under the firm names of Weber Bros, and Weber Dry Goods Company. On September 5,1894, the said firm confessed five several judgments, in the aggregate amount ■of $93,595.93. Said several judgments were so confessed, entered, and docketed at very nearly the same time, and all within…

1Opinion of the CourtCassoday, J.

The circumstances under which the several judgments were confessed, entered, and docketed, and the several executions issued and levied, and this action commenced, and the receiver appointed and qualified, were well calculated to invite thorough judicial investigation. Assuming that such judgments, executions, and levies were the result of collusive and fraudulent purposes of giving and obtaining unlawful preferences and to defraud other creditors, still the questions recur whether the receiver, or Stearns & Spingarn as mere creditors at large, were in a position to successfully invoke the…

2Cases cited12 opinions

  1. Clemens v. ClemensWisconsin Supreme Court · 1871
  2. Dietrich v. KochWisconsin Supreme Court · 1874
  3. Gilbert v. StockmanWisconsin Supreme Court · 1892
  4. Ullman v. DuncanWisconsin Supreme Court · 1890
  5. Holton v. BurtonWisconsin Supreme Court · 1890

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State ex rel. Flower v. Circuit Court for Green Lake CountyWisconsin Supreme Court · 1898
  2. Rickman v. RickmanMichigan Supreme Court · 1914
  3. State v. McGaheyNorth Dakota Supreme Court · 1904
  4. Hartberg v. American Founders Securities Co.Wisconsin Supreme Court · 1933
  5. Ellis v. Southwestern Land Co.Wisconsin Supreme Court · 1900

6 more not listed; retrieve them via the Exa API.

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