Gage v. Chesebro
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond da Lao County. This was an action of garnishment, begun at the same time as the principal action, January 9,1879. The garnishee and the principal defendant, E. B. Hunting, answered severally, denying the garnishee’s liability; and issue was joined upon the answers.
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APPEAL from the Circuit Court for Fond da Lao County. This was an action of garnishment, begun at the same time as the principal action, January 9,1879. The garnishee and the principal defendant, E. B. Hunting, answered severally, denying the garnishee’s liability; and issue was joined upon the answers. The question was as to the title of a stock of goods and a quantity of accounts, or their proceeds, which, prior to January 4, 1S79, had belonged to the principal defendant, and on that day came into the garnishee’s possession under what he claims to have been valid transfers of title from the…
1Opinion of the CourtCole, J.
We are of the opinion that the judgment in this case must be affirmed. The learned counsel for the plaintiffs attacks, with much force of argument, the validity of the instrument executed by Hunting, wherein he transfers the property there described to the garnishee. He insists that it is in the nature of an assignment for the benefit of creditors, and is void on its face because it does not conform to the statute regulating voluntary assignments. But we do not agree with counsel as to the character of the instrument. To our minds it more nearly resembles a chattel mortgage given to secure…
2Cases cited4 opinions
- Dana v. StanfordsCalifornia Supreme Court · 1858
- Lawrence v. NeffCalifornia Supreme Court · 1871
- J. &. J. H. Peck & Co. v. MerrillSupreme Court of Vermont · 1854
- McGregor v. J. D. Chase & SonsSupreme Court of Vermont · 1864
3Cited by14 opinions
- Hargadine v. HendersonSupreme Court of Missouri · 1888
- Anderson v. Arpin Hardwood Lumber Co.Wisconsin Supreme Court · 1907
- Norwegian Plow Co. v. HanthornWisconsin Supreme Court · 1888
- Erdall v. AtwoodWisconsin Supreme Court · 1891
- Bleiler v. MooreWisconsin Supreme Court · 1896
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