Eau Claire Grocer Co. v. Hubbard
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Trem-pealeau county: O. B. WymaN, Circuit Judge; Tostin I. Gilbert and Gulbrand 0. Gilbert were partners in business at Blair, Wisconsin, under the firm name of T. I. Gilbert & Co. As such, they and Alexander C. Hallenger were partners iri business at Eleva, Wisconsin.
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Appeal from a judgment of the circuit court for Trem-pealeau county: O. B. WymaN, Circuit Judge; Tostin I. Gilbert and Gulbrand 0. Gilbert were partners in business at Blair, Wisconsin, under the firm name of T. I. Gilbert & Co. As such, they and Alexander C. Hallenger were partners iri business at Eleva, Wisconsin. On the 12th day of January, 1894, the three persons named executed an assignment for the benefit of creditors, intending to comply with the statutes of the state of Wisconsin on that subject. The deed of assignment described the grantors in the following language: “ This…
1Opinion of the CourtMaeshall, J.
The maxim, “ut res magis valeat guampe-reat,” — the instrument in question shall rather be made available than suffered to fail,— applies in construing a deed •of assignment for the benefit of creditors where the language thereof is of doubtful meaning. If the deed will admit of two meanings the court is permitted, when called upon for its judicial construction, to consider all the circumstances of its execution,0the situation of the parties, the necessities that called the instrument into existence, the motives that actuated its makers, the reasonable probabilities as to what would…
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- Bank of Mobile v. DunnSupreme Court of Alabama · 1880
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