Lamont v. Wootton
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. This is an appeal by an assignee for the benefit of creditors from an order of the circuit court directing the as-signee to permit the assignors severally to select, from the copartnership property, tools, implements, stock in trade, to the amount and value not exceeding $200, as and for their exemptions, under subd. 8, sec. 2982, R. S. The assignors were copartners.
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APPEAL from the Circuit Court for Dane County. This is an appeal by an assignee for the benefit of creditors from an order of the circuit court directing the as-signee to permit the assignors severally to select, from the copartnership property, tools, implements, stock in trade, to the amount and value not exceeding $200, as and for their exemptions, under subd. 8, sec. 2982, R. S. The assignors were copartners. They made an assignment for the benefit of their creditors on December 29, 1892, both as a copartnership and as individuals. The assignment contained an exception, from the property…
1Opinion of the CourtNewmaN, J.
This case is governed by the decision of this court in the case of Bong v. Parmentier, 87 Wis. 129. It is not distinguishable in principle from that case. The copartnership, as such, had no right of exemption. The copartners had no such right in the copartnership property until after a severance. The assignment conveys the entire copartnership property, unssvered, to the assignee. No *109claims of exemptions were made for nearly a month after the entire property had been in the possession of the as-signee, and he had expended labor and money upon it in caring for it, insuring it, and getting it…
2Cases cited1 opinion
- Bong v. ParmentierWisconsin Supreme Court · 1894
3Cited by4 opinions
- In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
- Opitz v. BrawleyWisconsin Supreme Court · 1960
- In re FriederickDistrict Court, W.D. Wisconsin · 1899
- In re EllenbeckerDistrict Court, E.D. Wisconsin · 1913