Koch v. Peters
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This is an action to recover the value of a stock of merchandise alleged to have been converted by the defendants.
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. This is an action to recover the value of a stock of merchandise alleged to have been converted by the defendants. The plaintiff claims title thereto by virtue of a chattel mortgage dated on the 31st of October, 1894, and filed in the office of the town clerk of the proper town on the 15th of November, 1894, given by George G. Koch, who was admittedly the owner of the stock of goods prior to the giving of the mortgage. The mortgage secured payment of a note of $8,054.60, signed by George G. Koch…
1Opinion of the CourtWxNslow, J.
This was one of-the contests which so often
arise between a chattel mortgagee of a stock of goods and attaching creditors of the mortgagor. The attaching creditors claimed that the mortgage was fraudulent as to creditors, and this was the main question litigated in the case. The fact was undisputed that the consideration for the execution of the mortgage was a pre-existing debt, and the jury found that this debt was a bona fide debt, and that, while the mortgagor intended to defraud his creditors in giving the mortgage, and the mortgagee knew such facts and circumstances as should have put him…
2Cases cited6 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Bleiler v. MooreWisconsin Supreme Court · 1896
- Sparkman v. SwiftSupreme Court of Alabama · 1886
- Cox v. HallSupreme Court of Vermont · 1846
- Lee v. MaxwellMichigan Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Graham v. PerryWisconsin Supreme Court · 1929
- Lockren v. RustanNorth Dakota Supreme Court · 1899
- Bereth v. SparksCourt of Appeals for the Seventh Circuit · 1931
- Milwaukee Electric Crane Manufacturing Corp. v. Feil Manufacturing Co.Wisconsin Supreme Court · 1930
- Estate of RasmussenWisconsin Supreme Court · 1941
3 more not listed; retrieve them via the Exa API.