Legal Opinion

Racine Basket Manufacturing Co. v. Konst

Wisconsin Supreme Court

Decided February 8, 1881PublishedCited by 3 opinions

APPEAL from the Circuit Court for Racine County. This action was in tbe nature of trover, for goods seized by the defendant, who is a sheriff, as tbe property of tbe Hacine Yeneer & Seating Company, on attachments sued out by several creditors of that corporation. Tbe attachment suits were afterwards prosecuted to judgments, and the goods were sold by the sheriff to satisfy tbe same, on executions duly issued thereon.

Read the full summary

APPEAL from the Circuit Court for Racine County. This action was in tbe nature of trover, for goods seized by the defendant, who is a sheriff, as tbe property of tbe Hacine Yeneer & Seating Company, on attachments sued out by several creditors of that corporation. Tbe attachment suits were afterwards prosecuted to judgments, and the goods were sold by the sheriff to satisfy tbe same, on executions duly issued thereon. Tbe goods in controversy were formerly the property of the Yeneer & Seating Company, but, a short time before the sheriff seized them by virtue of the attachments, that company…

1Opinion of the Court

The following opinion was filed November 10, 1880:

LyoN, J.

The learned counsel for the plaintiff maintained in argument, that when property is sold by an insolvent debtor or one in failing circumstances, to his creditor to pay an ante*158cedent debt, if the sale is made for the sole purpose of paying the debt, and without any intent to defraud other creditors, it is valid as against such other creditors, although the effect of it would necessarily be, and must have been so intended, to hinder or delay them in the collection of their demands against the vendor. This is the only question argued by…

2Cases cited6 opinions

  1. Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1880
  2. Barkow v. SangerWisconsin Supreme Court · 1879
  3. Ward v. BusackWisconsin Supreme Court · 1879
  4. Jenks v. StateWisconsin Supreme Court · 1864
  5. Gillett v. Wisconsin Cooperage Co.Wisconsin Supreme Court · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Meade v. GilfoyleWisconsin Supreme Court · 1885
  2. Kirch v. DaviesWisconsin Supreme Court · 1882
  3. Zitske v. GrohnWisconsin Supreme Court · 1906

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API