Lessel v. Zillmer
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheelaed, Judge. One H. S. Mack, a wholesale clothing manufacturer and dealer, made a voluntary assignment on December 19,1894, thereby transferring to his assignee a stock of' goods inventoried at over $41,000, incumbered, however, by a number of mortgages, the first and second of which together aggregated $20,000, and the third of which was to plaintiff to secure an indebtedness slightly less than…
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Appeal from a judgment of the superior court of Milwaukee county: Geo. E. Sutheelaed, Judge. One H. S. Mack, a wholesale clothing manufacturer and dealer, made a voluntary assignment on December 19,1894, thereby transferring to his assignee a stock of' goods inventoried at over $41,000, incumbered, however, by a number of mortgages, the first and second of which together aggregated $20,000, and the third of which was to plaintiff to secure an indebtedness slightly less than $4,000. The attorney for the first two mortgagees advertised in local and trade papers for private sale of the stock,…
1Opinion of the CourtDodge, J.
1. The extended discussion over the existence or sufficiency of any consideration for defendant’s admitted promise to pay plaintiff the amount of her claim out of the profits of the sales of the mortgaged stock of goods is hardly -justified by the situation shown practically without controversy. It is undisputed that the first, second, and third mortgagees of this stock, supposed by all to be worth much in excess, consented to a transfer thereof to defendant upon certain promises made by him, including that above stated, and that the transfer was made and accepted in pursuance of that…
2Cases cited6 opinions
- Putney v. FarnhamWisconsin Supreme Court · 1870
- Weisel v. SpenceWisconsin Supreme Court · 1884
- Treat v. HilesWisconsin Supreme Court · 1887
- Cunningham v. BrictsonWisconsin Supreme Court · 1898
- Dimond v. HendersonWisconsin Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Somervaill v. McDermottWisconsin Supreme Court · 1903
- Hubbard v. FerryWisconsin Supreme Court · 1909
- McCord v. Edward Hines Lumber Co.Wisconsin Supreme Court · 1905
- Choate v. HoogstraatCourt of Appeals for the Seventh Circuit · 1901
2 more not listed; retrieve them via the Exa API.