T. T. Haydock Carriage Co. v. Pier
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. Tbe defendant garnishee, Kate Pier, was named as as-signee in an attempted voluntary assignment for tbe benefit of creditors, executed by one Bartell to ber under see. 1694, E. S. Sbe attempted to qualify as sucb assignee, and took possession and disposed of tbe assigned assets, pursuant tQ tbe assignment.- While she was thus disposing of sucb assets, tbe plaintiff commenced an action against Bar-tell, obtained an…
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APPEAL from tbe Circuit Court for Fond du Lao County. Tbe defendant garnishee, Kate Pier, was named as as-signee in an attempted voluntary assignment for tbe benefit of creditors, executed by one Bartell to ber under see. 1694, E. S. Sbe attempted to qualify as sucb assignee, and took possession and disposed of tbe assigned assets, pursuant tQ tbe assignment.- While she was thus disposing of sucb assets, tbe plaintiff commenced an action against Bar-tell, obtained an attachment, and caused tbe defendant to be summoned as a garnishee therein. Sbe answered, denying ber liability to tbe…
1Opinion of the CourtLyoN, J.
Tbe question to be determined on this appeal is, Wbat expenses incurred by the assignee under a void assignment for the benefit of creditors, in the execution of the trust, will be allowed her, as against a creditor of the assignor, at whose suit the assignment has been adjudged void? Numerous adjudications have been cited by counsel for the respective parties, bearing upon this question, but it is unnecessary to refer to them in detail. They have been carefully examined, and the rule fairly deducible from them is that in a case like this, in which the assignee has acted under the direction…
2Cases cited1 opinion
- Baker v. Lancashire InsuranceWisconsin Supreme Court · 1881
3Cited by8 opinions
- Speiser v. Merchants' Exchange BankWisconsin Supreme Court · 1901
- In re HabeggerCourt of Appeals for the Eighth Circuit · 1905
- Armstrong v. Lone Star Refining Co.Court of Appeals for the Eighth Circuit · 1927
- Fuller v. AbbeWisconsin Supreme Court · 1900
- Perry-Mason Shoe Co. v. SykesMississippi Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.