Johnson v. Hill
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse-county: A. ~W. Newman, Circuit Judge. On January 29,1889, the defendant, for value, made and executed to the plaintiffs, under their firm name of Johnson & Larson, his promissory note for $267.19, dated on that day and due in one year. On April 18,1890, the defendant,, a resident of La Crosse county, executed and delivered to S. A. Daniels an assignment for the benefit of his creditors, pursuant to the statute.
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Appeal from a judgment of the circuit court for La Crosse-county: A. ~W. Newman, Circuit Judge. On January 29,1889, the defendant, for value, made and executed to the plaintiffs, under their firm name of Johnson & Larson, his promissory note for $267.19, dated on that day and due in one year. On April 18,1890, the defendant,, a resident of La Crosse county, executed and delivered to S. A. Daniels an assignment for the benefit of his creditors, pursuant to the statute. Said assignee qualified and entered upon the discharge of his duties; and on April 23, 1890, a fist of the creditors of the…
1Opinion of the CourtCassoday, J.
It is found by the court, and undisputed, that at tbe time of making the assignment and granting the discharge the plaintiffs, as well as the defendant, resided in La Crosse county. The plaintiffs appear to have been named in the list of creditors filed by the defendant in his insolvency proceedings, on account of the note in question. Such being the facts, there can be no doubt that the discharge was a bar to this action, unless there was some failure to comply with some provision of the statute in obtaining the same. Laws of 1889, ch. 385, secs. 12-15; S. & B. Ann. Stats, secs. 1702o-1702r.
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2Cases cited6 opinions
- Kimball v. Town of RosendaleWisconsin Supreme Court · 1877
- May v. HoldridgeWisconsin Supreme Court · 1868
- Cox v. North Wisconsin Lumber Co.Wisconsin Supreme Court · 1892
- Cathcart v. ComstockWisconsin Supreme Court · 1883
- Raymond v. City of SheboyganWisconsin Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Burget v. MerrittIndiana Supreme Court · 1900