Lord v. Devendorf
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The defendants, Devendorf and Penn, being in partnership and doing: business as merchants at Platteville. dissolved Apri] 9, 1877; Devendorf purchasing of Penn the undivided one-half of the building wherein they were then doing business, for $3,000, which was secured to be paid by Devendorf assuming $1,000 of Penn’s share of the incumbrances on the building, and giving Penn his notes for $2,000, secured by mortgage oh the…
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APPEAL from the Circuit Court for Grant County. The defendants, Devendorf and Penn, being in partnership and doing: business as merchants at Platteville. dissolved Apri] 9, 1877; Devendorf purchasing of Penn the undivided one-half of the building wherein they were then doing business, for $3,000, which was secured to be paid by Devendorf assuming $1,000 of Penn’s share of the incumbrances on the building, and giving Penn his notes for $2,000, secured by mortgage oh the undivided one-half of the store building. Devendorf also purchased of Penn his undivided one-half of the stock of goods,…
1Opinion of the Court
'Cassoday, J.
In our opinion the assignment is not void upon its face by reason of the following clause: “shall, with all convenient diligence, sell and dispose of the same at public or private sale, as he may deem most beneficial to the interests of the creditors of said party of the first part, and convert the same into money.”
In Hutchinson v. Lord, 1 Wis., 294, the particular words which'rendered the assignment void were: “In such manner, either at public or private sale, and upon such terms and for such prices, as to the said party of the second part shall seem advisable;” and those which…
2Cases cited11 opinions
- Brashear v. WestSupreme Court of the United States · 1833
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Seth Spring & Sons v. South Carolina InsuranceSupreme Court of the United States · 1823
- Norton v. KearneyWisconsin Supreme Court · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Guetzkow Bros. v. A. H. Andrews & Co.Wisconsin Supreme Court · 1896
- Eureka Steam Heating Co. v. SlotemanWisconsin Supreme Court · 1886
- Douglass v. CissnaMissouri Court of Appeals · 1885
- Landauer v. VietorWisconsin Supreme Court · 1887
- Bates v. SimmonsWisconsin Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.