Legal Opinion

Rice v. Wolff

Wisconsin Supreme Court

Decided December 23, 1885PublishedCited by 3 opinions

APPEAL from the Circuit Court for Lincoln County. The case is thus stated by Mr. Justice Cassodaz : “ Three of the plaintiffs as a firm, and the other plaintiff, as several attaching, judgment, and execution creditors of E. Kluetz & Go.

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APPEAL from the Circuit Court for Lincoln County. The case is thus stated by Mr. Justice Cassodaz : “ Three of the plaintiffs as a firm, and the other plaintiff, as several attaching, judgment, and execution creditors of E. Kluetz & Go. (the company being Herman C. Wolff), bring this bill in equity against the debtors, and Caroline Wolff and Gotlieb Wolff as several prior attaching creditors of the same debtors and the same property, and the sheriff executing the same, to set aside the latter attachments and subject the property to the payment of the several claims of the plaintiffs. The…

1Opinion of the CourtCassoday, J.

After a careful reading of all the testimony, we are forced to the conclusion that the findings of the court are sustained by the evidence. To enforce this by recitals of testimony and argument would simply incumber the reports without any benefit to any one or the public. It will not be indulged. The validity and justice of Caroline's debt against Kluetz, November 1, 1883, is not questioned. It represented the amount of her money in the business of Kluetz, which was then turned over to the new firm. At that time Herman went into partnership with Kluetz, but without any capital. The firm then…

2Cases cited2 opinions

  1. Howitt v. BlodgettWisconsin Supreme Court · 1884
  2. Hawes v. ClementWisconsin Supreme Court · 1885

3Cited by3 opinions

  1. Eureka Steam Heating Co. v. SlotemanWisconsin Supreme Court · 1886
  2. Mitchell v. Ada Investment Co.Idaho Supreme Court · 1926
  3. Barth v. BurnhamWisconsin Supreme Court · 1900

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