Bugbee v. Lombard
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Douglas county: E. D. Marshall, Circuit Judge. The action was for the conversion of four horses, which plaintiff claimed under a bill of sale from one Wells, the former owner thereof.
Read the full summary
Appeal from a judgment of the circuit court for Douglas county: E. D. Marshall, Circuit Judge. The action was for the conversion of four horses, which plaintiff claimed under a bill of sale from one Wells, the former owner thereof. The defendant Lombard was the sheriff of Polk county, and justified the conversion under an execution issued to him as sheriff of Polk county upon a judgment against Wells in favor of his co-defendant, rendered in the circuit court for Washburn county, and claimed that the bill of sale to the plaintiff was fraudulent as to creditors of Wells. Upon a former trial it…
1Opinion of the CourtWiNslow, J.
It appears from the foregoing statement that the defect in the evidence which necessitated reversal upon the former appeal was supplied upon the second trial; hence the case is now presented upon the merits. The verdict was evidently directed upon the ground that the evidence conclusively showed that the transfer by Wells to the plaintiff was, in legal effect, an assignment for the benefit of certain of the creditors of Wells, and was void under the rule laid down in Winner v. Hoyt, 66 Wis. 227, and subsequent cases. In this conclusion we think the circuit court was entirely right. The…
2Cases cited4 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- Maxwell v. SimontonWisconsin Supreme Court · 1892
- Collins v. LowryWisconsin Supreme Court · 1890
- Jameson v. MaxcyWisconsin Supreme Court · 1895
3Cited by2 opinions
- Gilbert Paper Co. v. Whiting Paper Co.Wisconsin Supreme Court · 1905
- Trimborn v. ReimerWisconsin Supreme Court · 1901