Legal Opinion

Winner v. Hoyt

Wisconsin Supreme Court

Decided May 15, 1886PublishedCited by 45 opinions

APPEAL from the County Court of MilwauJcee County. The following- statement of the case was prepared by Mr. Justice Cassoday: The following- facts -were mostly found by the trial court. The balance appear or are clearly inferable from the undisputed evidence. April 15, 1885, the debtors, E. S. Hoyt and Wesley Kinney, were wholesale liquor dealers in Milwaukee, under the firm name of E. S. Hoyt & Co., and had been since 18TT.

Read the full summary

APPEAL from the County Court of MilwauJcee County. The following- statement of the case was prepared by Mr. Justice Cassoday: The following- facts -were mostly found by the trial court. The balance appear or are clearly inferable from the undisputed evidence. April 15, 1885, the debtors, E. S. Hoyt and Wesley Kinney, were wholesale liquor dealers in Milwaukee, under the firm name of E. S. Hoyt & Co., and had been since 18TT. April 15, 1885, the firm was inc^ebted to Frcmlt M. Hoyt, Wisconsin Marine & Eire Insurance Company Bank, Alice McLeod, Ephraim Mariner, and Brown, Merritt & Moore,…

1Opinion of the CourtCassoday, J.

The statutes expressly .provide that “ all voluntary assignments or transfers whatever of any real estate, chattels real, goods, or. chattels, rights, credits, moneys, or effects for the benefit of or in trust for creditors, shall be void as against the creditors of the person making the same unless ” executed as therein required. Sec. 1694, *234R. S. So the statute provides that “ any and all assignments . . . made for the benefit of creditors, which shall contain or give any preference to one creditor over another creditor, except for the wages of laborers, . . . shall be void.” Sec. 1, ch.…

2Cases cited25 opinions

  1. United States v. Hooe Et Al.Supreme Court of the United States · 1805
  2. Herbst v. LoweWisconsin Supreme Court · 1886
  3. Burrows v. LehndorffSupreme Court of Iowa · 1859
  4. Lampson v. ArnoldSupreme Court of Iowa · 1865
  5. Van Patten v. BurrSupreme Court of Iowa · 1879

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

3Cited by45 opinions

  1. P. C. Hanford Oil Co. v. First National BankIllinois Supreme Court · 1888
  2. Richmond v. Mississippi MillsSupreme Court of Arkansas · 1889
  3. Fuller & Fuller Co. v. McHenryWisconsin Supreme Court · 1892
  4. Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
  5. Hoey v. PierronWisconsin Supreme Court · 1886

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

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

Powered by the Exa API