Neugent Garment Co. v. United States Fidelity & Guaranty Co.

After the decision by this court in this action, as reported in 202 Wis. 93, 230 N. W. 69, 231 N. W. 600, defendant amended its answer by alleging that plaintiff’s debtor, Millard’s, Inc., was insolvent on January 19, 1929, when the plaintiff’s writ of attachment was served. If that allegation was established on the trial, plaintiff was not entitled to recover from defendant. The only question submitted to the jury was that issue of insolvency, and the jury found that Millard’s, Inc., was not insolvent. On January 29, 1929, within ten days after the attachment levy, a petition in bankruptcy…