Killman v. Gregory
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marinette county: S. D. Hastings, Jb., Circuit Judge. This was an action brought by the assignee of a stock of merchandise under a voluntary assignment to set aside and annul a chattel mortgage on the same stock, given to the defendant one week previous to the assignment, and in contemplation of insolvency.
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Appeal from a judgment of the circuit court for Marinette county: S. D. Hastings, Jb., Circuit Judge. This was an action brought by the assignee of a stock of merchandise under a voluntary assignment to set aside and annul a chattel mortgage on the same stock, given to the defendant one week previous to the assignment, and in contemplation of insolvency. It was contended by the defendant that the assignment was void because it contained an unlawful preference, and because made with intent to hin-' der, delay, and defraud creditors. The facts were that the assignor, L. L. Dickie, made the…
1Opinion of the CourtWinslow, J.
The assignment was held void because it purported to prefer a month’s rent of the store building in which the assignor’s business was carried on. S. & B. Ann. Stats, sec. 1693a. If the assignment did not in fact prefer this rent, then it contained no illegal preference, because the assignor owed no other rent to any one, and the expenses of the trust and taxes are preferred by law. The rent which is in terms preferred is the rent due upon the “lands, tenements, and hereditaments aforesaid,” which, by referring to *481previous clauses of the assignment, are found to be the lands, tenements, and…
2Cases cited2 opinions
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- Whitehall Packing Co. v. Safeway Truck Lines, Inc.Wisconsin Supreme Court · 1975
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