Momsen v. Plankinton
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. . This was an application by the assignee for the benefit of the creditors of Erederick T. Day, on petition, for an order setting aside certain transfers and conveyances made by Day, before his assignment, to the Plankinton Bank, as security for debts due from him to the bank.
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Appeal from an order of the circuit court for Milwaukee county: D. H. Johnson, Circuit Judge. . This was an application by the assignee for the benefit of the creditors of Erederick T. Day, on petition, for an order setting aside certain transfers and conveyances made by Day, before his assignment, to the Plankinton Bank, as security for debts due from him to the bank. Day was the vice president and general manager of the bank. lie carried on a large outside business of his own. He was reputed to be, and believed himself to be, a man of large wealth, and entirely solvent. He drew aid for his…
1Opinion of the Court
Newman, 'J.
The only question presented by this appeal is whether the findings of the trial court are sufficiently supported by the evidence. If they are so supported, they cannot be overthrown here. The burden was on the petitioner to satisfy the trial court, by evidence, of the truth of his contention. He failed to so satisfy the court. The findings of the trial court cannot be disturbed here unless it is made to appear to this court that the evidence produced in the trial court was so strong and cogent as that the trial court ought, reasonably, to have been convinced by it. For it is well…
2Cases cited9 opinions
- Ely v. DailyWisconsin Supreme Court · 1876
- La Coursier v. RussellWisconsin Supreme Court · 1892
- Hosmer v. McDonaldWisconsin Supreme Court · 1891
- Zimmerman v. ChambersWisconsin Supreme Court · 1891
- Althouse v. BaldwinWisconsin Supreme Court · 1882
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3Cited by8 opinions
- Moehlenpah v. MayhewWisconsin Supreme Court · 1909
- Cunningham v. BrictsonWisconsin Supreme Court · 1898
- Stanhilber v. GravesWisconsin Supreme Court · 1897
- Menz v. BeebeWisconsin Supreme Court · 1899
- Zoesch v. ThielmanWisconsin Supreme Court · 1899
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