Claridge v. Evans
Wisconsin Supreme Court
Appeals from judgments of the circuit court for Sauk •county: James O’Neill, Judge. These actions involved the same transactions and were tried on the same testimony.
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Appeals from judgments of the circuit court for Sauk •county: James O’Neill, Judge. These actions involved the same transactions and were tried on the same testimony. The first action was brought upon leave, duly obtained, to foreclose a mortgage upon real •estate given to Claridge by the Clover Creamery Association, a bankrupt corporation, and the second was brought by the trustee of the bankrupt to recover payments made by the association to Claridge before the' bankruptcy. Both transactions were claimed by the trustee to be unlawful preferences under the provisions of the bankrupt law. The…
1Opinion of the Court
Tbe following opinion was filed October 20, 1908:
WiNsnow, C. J.
In tbe foreclosure action tbe question is whether tbe mortgage of December 16, 1904, is void as a *223preference under tbe provisions of tbe bankrupt act. Tlie mortgage was given nearly two years before tbe petition in bankruptcy was filed, to one wbo was not at tbe time a creditor of tbe company, and for the purpose of securing advances which the mortgagee agreed to make to enable the company •to continue its business. The company was then in fact insolvent, as both parties knew, but the mortgage was made in good faith and both…
2Cases cited15 opinions
- Security Warehousing Co. v. HandSupreme Court of the United States · 1907
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
- Loeser v. Savings Deposit Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1906
- English v. RossDistrict Court, M.D. Pennsylvania · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Capocasa v. First National Bank of Stevens PointWisconsin Supreme Court · 1967
- Grosskopf Oil, Inc. v. WinterCourt of Appeals of Wisconsin · 1990
- State v. BarkdollWisconsin Supreme Court · 1980
- Parke, Austin & Lipscomb, Inc. v. SexauerWisconsin Supreme Court · 1931
- In re T. H. Bunch Commission Co.District Court, E.D. Arkansas · 1915
6 more not listed; retrieve them via the Exa API.