Willis v. Bremner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaulcee County. The firm of Brearly & Adams, doing business as manufacturers in the city of Racine, becoming insolvent, made a voluntary assignment of their partnership property (not exempt from seizure on attachment or execution) to the plaintiff, for the benefit of their creditors. Jonathan B. Brearly and IP. Kirke Adams were the partners composing such firm.
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APPEAL from the Circuit Court for Milwaulcee County. The firm of Brearly & Adams, doing business as manufacturers in the city of Racine, becoming insolvent, made a voluntary assignment of their partnership property (not exempt from seizure on attachment or execution) to the plaintiff, for the benefit of their creditors. Jonathan B. Brearly and IP. Kirke Adams were the partners composing such firm. The assignment was executed November 9,1882. On the 14th of the same month several creditors of the firm sued out writs of attachment on their respective claims, and placed the same in the hands of…
1Opinion of the Court
The following opinions were filed May 15, 1884:
LyoN, J.
In the case of Vernon v. Upson, ante, p. 418, we hold that a voluntary assignment by an insolvent firm for the benefit of its creditors, which assignment contains preferences in favor of creditors of the individual partners, is void as against the unpreferred creditors of the firm who repudiate the assignment. To the same effect is the recent case of Powers v. C. II. Hamilton Paper Co., ante, p. 23. The reasons upon which such ruling is based are sufficiently stated in the opinion in Vernon v. Upson, and need not be repeated hero.
The…
2Cases cited1 opinion
- First National Bank v. BertschyWisconsin Supreme Court · 1881
3Cited by6 opinions
- Keith v. ArmstrongWisconsin Supreme Court · 1886
- Cribb v. MorseWisconsin Supreme Court · 1890
- Backhaus v. SleeperWisconsin Supreme Court · 1886
- Coffin v. DayDistrict Court, N.D. Illinois · 1888
- Wooldridge v. IrvingUnited States Circuit Court · 1884
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