Zahl v. Billings
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Langlade county: Joi-iN GoodlaND, Circuit Judge. This is an action of replevin to recover twenty and one-half barrels of Minnesota patent flour. The answer was a general denial. The action was tried before a jury.
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Appeal from a judgment of tbe circuit court for Langlade county: Joi-iN GoodlaND, Circuit Judge. This is an action of replevin to recover twenty and one-half barrels of Minnesota patent flour. The answer was a general denial. The action was tried before a jury. The plaintiff’s evidence showed that prior to September, 1898, a flour and feed store was operated in Antigo by one W. J. Zahl in the name of his father, C. E. Zahl; that in September, 1898, the stock in the store was sold by C. F. Zahl to the plaintiff, his daughter, for $400, the bill of sale being executed by W. J. Zahl, as attorney…
1Opinion of the CourtWinslow, J.
It is manifest that the plaintiff’s motion to direct a verdict in her favor should have been granted. The evidence showed that she had a good title against all the world except as against the creditors of W. J. Zahl. If they could show that the stock of goods was in fact the property of W. J. Zahl, and was transferred to the plaintiff with intent to hinder, delay, or defraud them, they might impeach the sale; but in order to do this they must not only show the fraudulent intent, but must also show the fact that they were creditors, and that the defendant had seized the property upon…
2Cited by5 opinions
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