Curtis Bros. & Co. v. Hoxie
Wisconsin Supreme Court
APPEAL from the Circuit Court for Langlade County. This is an appeal from an order of the circuit court for Langlade county vacating the attachment issued in the above action.
Read the full summary
APPEAL from the Circuit Court for Langlade County. This is an appeal from an order of the circuit court for Langlade county vacating the attachment issued in the above action. On the 6th 'of September, 1890, Iioxie & Mellor, partners, etc., were indebted to the plaintiff in the sum of $30,032.52 upon demands not then due, for the recovery of which this action was brought, and a writ of attachment was issued in the manner prescribed by law upon an affidavit made by Cornelius S. Curtis, the general manager of the plaintiff, alleging as cause therefor that he had good reason to believe, and…
1Opinion of the CourtPiNNEY, J.
1. The issues raised by the special answer and affidavit for the writ of attachment are: (1) Whether, at the time it was issued, the defendants had in fact assigned, conveyed, and disposed of, or were about to assign, convey, dispose of, or conceal their property, with intent to defraud their creditors; (2) whether the defendants fraudulently contracted the debt respecting which the action was brought.
Proof of good reason on the part of the creditor to believe the truth of the charge is not sufficient to sustain the. attachment, but the substantive charge itself must be proved. Davidson v.…
2Cases cited6 opinions
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
- Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883
- MacUllar v. . McKinleyNew York Court of Appeals · 1885
- Davidson v. HackettWisconsin Supreme Court · 1880
- Rice v. JerensonWisconsin Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- National Bank of Merrill v. Illinois & Wisconsin Lumber Co.Wisconsin Supreme Court · 1898
- Saint Louis Clay Products Co. v. ChristopherWisconsin Supreme Court · 1913
- Keenan v. McClureNebraska Supreme Court · 1933
- Cazier v. HartWisconsin Supreme Court · 1914
- Germania National Bank of Milwaukee v. LachenmaierWisconsin Supreme Court · 1914