Smith v. McCulloch
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Portage County. The plaintiffs are creditors of Parks and Bigler, and brought an action against them to recover their demand. Pending the action, Parks and Bigler made a voluntary assignment of their property, for the benefit of creditors, to the respondent, McCul-loch, who accepted the trust, took possession of the property assigned, and converted a considerable portion of it into money.
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APPEAL from tbe Circuit Court for Portage County. The plaintiffs are creditors of Parks and Bigler, and brought an action against them to recover their demand. Pending the action, Parks and Bigler made a voluntary assignment of their property, for the benefit of creditors, to the respondent, McCul-loch, who accepted the trust, took possession of the property assigned, and converted a considerable portion of it into money. An affidavit of the sureties in the assignees’ bond is annexed to the bond, which affidavit is in the form prescribed by the statute, except that it is not stated therein…
1Opinion of the CourtLyoN, J.
This case is ruled by that of Churchill v. Whipple, 41 Wis., 611, in which it was held that a voluntary assignment for the benefit of creditors, or with a view to insolvency, is invalid under the statute, unless it be shown by the affi*567davits of tbe sureties in tbe assignee’s bond, that they have property within this state worth the sum specified in the bond.
The learned counsel for the respondent argues, that, in the absence of any affirmative evidence that the affidavit of the sureties annexed to the bond was the only affidavit of justification made by them, there is a presumption, in favor…
2Cases cited2 opinions
- Bohlman v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1876
- Churchill v. WhippleWisconsin Supreme Court · 1877
3Cited by4 opinions
- Rumery v. McCullochWisconsin Supreme Court · 1882
- Goll v. HubbellWisconsin Supreme Court · 1884
- Wadleigh v. MerkleWisconsin Supreme Court · 1883
- Auley v. OstermanWisconsin Supreme Court · 1886