Bradley Co. v. Paul
Wisconsin Supreme Court
Appeal from an order of the circuit court for Oneida county: Chas. Y. Bardeen, Circuit Judge. This is an appeal from an order dissolving an attachment. In May, 1895, the plaintiff was a creditor of the defendants to an amount exceeding $600. The defendants, who were copartners, operated a small sawmill at McCord, Wisconsin, which they owned together with about 1,000 acres of land adjoining the mill, from which considerable timber had been cut.
Read the full summary
Appeal from an order of the circuit court for Oneida county: Chas. Y. Bardeen, Circuit Judge. This is an appeal from an order dissolving an attachment. In May, 1895, the plaintiff was a creditor of the defendants to an amount exceeding $600. The defendants, who were copartners, operated a small sawmill at McCord, Wisconsin, which they owned together with about 1,000 acres of land adjoining the mill, from which considerable timber had been cut. They also had a stock of lumber and shingles, as well as other personal- property necessary to be used in the operation of the mill. On the 29th day of…
1Opinion of the CourtWinslow, J.
The plaintiff’s contention is that the mortgages in question were fraudulent in law, because they purported to secure a debt of $7,000 presently owing, whereas in fact but $6,200, at most, was then owing, and the balance was to be advanced in the future. In Barkow v. Sanger, 47 Wis. 500, it was said in the opinion, on page 505, “ The decisions in this court do not hold that a chattel mortgage which is given for a sum greater than is actually due the mortgagee is fraudulent and void in law.” The cases of Butts v. Peacock, 23 Wis. 360, and Blakeslee v. Rossman, 43 Wis. 123, are then reviewed,…
2Cases cited3 opinions
- Blakeslee v. RossmanWisconsin Supreme Court · 1877
- Butts v. PeacockWisconsin Supreme Court · 1868
- Barkow v. SangerWisconsin Supreme Court · 1879
3Cited by2 opinions
- Rock v. CollinsWisconsin Supreme Court · 1898
- Liver v. ThielkeWisconsin Supreme Court · 1902