Cook v. Van Horn
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bayfield County. Replevin for a quantity of lumber. Prior to October 10, 1888, the lumber was owned by one Lane, a citizen of Michigan, who on that day executed an assignment in Michigan, for the benefit of his creditors, to one Clark, who accepted the trust.
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APPEAL from the Circuit Court for Bayfield County. Replevin for a quantity of lumber. Prior to October 10, 1888, the lumber was owned by one Lane, a citizen of Michigan, who on that day executed an assignment in Michigan, for the benefit of his creditors, to one Clark, who accepted the trust. Said assignment was fully perfected under the laws of Michigan, October 19,1888, by the filing of the same in the proper office, with list of creditors, inventory of property, and an approved bond. The laws of Michigan, then in force, governing such assignments, were as follows: “ That all assignments…
1Opinion of the Court
The following opinion was filed December 15, 1891:
WiNslow, J.
This court early recognized the doctrine that a foreign voluntary assignment, valid in the state where executed, will be sustained in this state as to the personal property of the assignor within the state, on the.ground of judicial comity. Mowry v. Crocker, 6 Wis. 326. That doctrine has not been disturbed since it was laid down in the case cited, and we shall not disturb it now. McClure v. Campbell, 71 Wis. 350, does not affect it. This principle is decisive of this case. Title to the property in question had passed from Lane prior…
2Cases cited10 opinions
- Green v. Van BuskirkSupreme Court of the United States · 1869
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Guillander v. . HowellNew York Court of Appeals · 1866
- Chafee v. Fourth National BankSupreme Judicial Court of Maine · 1880
- McClure v. CampbellWisconsin Supreme Court · 1888
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3Cited by4 opinions
- Gilman v. KetchamWisconsin Supreme Court · 1893
- Disconto Gesellschaft v. UmbreitWisconsin Supreme Court · 1906
- Segnitz v. Garden City Banking & Trust Co.Wisconsin Supreme Court · 1900
- Moore v. Land, Title & Trust Co.Court of Appeals of Maryland · 1896