Heldebrand v. Tarbell
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. II. Johnson, Circuit Judge. This is an action in equity, commenced in July, 1893, and arising out of certain transactions in May, 1893, when the plaintiff and certain of the defendants were endeavoring to secure payment of their claims against the insolvent firm of Frank A. Lappen & Co. of Milwaukee.
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Appeal from a judgment of the circuit court for Milwaukee county: D. II. Johnson, Circuit Judge. This is an action in equity, commenced in July, 1893, and arising out of certain transactions in May, 1893, when the plaintiff and certain of the defendants were endeavoring to secure payment of their claims against the insolvent firm of Frank A. Lappen & Co. of Milwaukee. The plaintiff was a creditor of that firm to an amount exceeding $20,000. The defendants Tarbell, the First National BcmTc of Lake Geneva, William Planhinton, assignee of the Plankinton Bank, and J. O. Qoleman were also…
1Opinion of the CourtWinslow, J.
The appellant claims that the general finding of fact by which the circuit court exculpated all the defendants from the charges of fraud or collusion contained in the complaint is contrary to the uncontradicted evidence. He claims that three facts appear by the evidence of the de*455fendant Tarbell himself which conclusively establish legal fraud in the transactions in question in this action, and render the attempted transfers and assignments void. These three facts are: (1) That the assignment of accounts was made by the firm in part to secure an individual indebtedness of $6,700 owing by E. A.…
2Cases cited4 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Connihan v. ThompsonMassachusetts Supreme Judicial Court · 1873
- Sanger v. WoodNew York Court of Chancery · 1818
- Lawson v. StacyWisconsin Supreme Court · 1892
3Cited by4 opinions
- Smeesters v. SchroederWisconsin Supreme Court · 1904
- Carroll v. FethersWisconsin Supreme Court · 1899
- Mitchell v. CornellWest Virginia Supreme Court · 1921
- Schlotthauer v. KrenzelokWisconsin Supreme Court · 1956