Wachter v. Famachon
Wisconsin Supreme Court
APPEALS from the Oircuit Court for Crawford County. The facts sufficiently appear from the opinion. The plaintiffs appealed from orders dissolving their attachments. They contended, inter alia, that the new notes took the place of the old ones, leaving the indebtedness unaffected by the transaction.
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APPEALS from the Oircuit Court for Crawford County. The facts sufficiently appear from the opinion. The plaintiffs appealed from orders dissolving their attachments. They contended, inter alia, that the new notes took the place of the old ones, leaving the indebtedness unaffected by the transaction. Williams v. Starr, 5 Wis. 534; Tuthill v. JDavis, 20 Johns. 285. The word “ obligation ” found in the statute is not used therein in the sense of signing a new note or other new evidence of a pre-existing debt, but rather as a distinctive feature of the word “ debt ” as used therein. The defendant…
1Opinion of the CourtObtoN, J.
These two cases, resting substantially upon the same facts, were heard together. The trials were upon the traverse of the affidavits in attachment which charged the defendant with having fraudulently contracted the debt or incurred the obligation, and with having assigned, etc., or being about to assign, etc., his property, or some part thereof, with intent to defraud his creditors. The circuit court found for the defendant upon both issues, and dismissed the attachments. The cases come before this court upon questions of fact mainly.
From a careful examination and consideration of the…
2Cases cited2 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- McCulloch v. MarylandSupreme Court of the United States · 1819
3Cited by6 opinions
- Winner v. HoytWisconsin Supreme Court · 1886
- McCaul v. ThayerWisconsin Supreme Court · 1887
- Saint Louis Clay Products Co. v. ChristopherWisconsin Supreme Court · 1913
- First National Bank of Stevens Point v. RosenfeldWisconsin Supreme Court · 1886
- Chicago Coffin Co. v. MaxwellWisconsin Supreme Court · 1887
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