Lincoln v. Cross
Wisconsin Supreme Court
APPEAL PROM CIRCUIT COURT, MONROE COUNTV. This action was commenced by the service of a summons upon all the defendants personally, and was brought to recover the value of certain goods and chattels alleged to have been taken by the defendants, which the plaintiff claimed as 'assignee of one R. J. Casselman, by virtue of a written assignment executed and delivered by Casselman to 6. W. Lincoln, the plaintiff herein; on the 8th day of October, 1857, by which Casselman…
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APPEAL PROM CIRCUIT COURT, MONROE COUNTV. This action was commenced by the service of a summons upon all the defendants personally, and was brought to recover the value of certain goods and chattels alleged to have been taken by the defendants, which the plaintiff claimed as 'assignee of one R. J. Casselman, by virtue of a written assignment executed and delivered by Casselman to 6. W. Lincoln, the plaintiff herein; on the 8th day of October, 1857, by which Casselman conveyed to the plaintiff certain goods and chattels, including the property mentioned in the complaint in this action, in…
1Opinion of the Court
By the Court,
Cole, J.
From the view which we have taken of this case, it does not become necessary to determine whether the assignment, as originally made by Casselman, was fraudulent and void as to his creditors, or whether, if the ■ assignment was void at the time of its execution, the objection to it was removed by the amendment made on the 12th of November, 1857. It will, undoubtedly, be conceded that the assignment was valid and binding as to all the world, except as to the assignor’s creditors, who alone could take advantage of any defect in it. The respondent, Cross, justified *95the…
2Cited by6 opinions
- Dallam v. SanchezSupreme Court of Florida · 1908
- Kennedy v. Citizens' National BankSupreme Court of Iowa · 1903
- Rumery v. McCullochWisconsin Supreme Court · 1882
- Stark v. BillingsSupreme Court of Florida · 1875
- Milwaukee Trust Co. v. Lancashire InsuranceWisconsin Supreme Court · 1897
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