Yernon v. Upson
Wisconsin Supreme Court
APPEAL from the.County Court of Milwaukee County. Fenn & Williams were partners in business, and as such made a voluntary assignment of their firm property to the defendant TJpson, for the benefit of their creditors. In such assignment the firm preferred two creditors. The plaintiffs were creditors of the firm. They brought an action on their demand, and proceeded by garnishee process against the assignee.
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APPEAL from the.County Court of Milwaukee County. Fenn & Williams were partners in business, and as such made a voluntary assignment of their firm property to the defendant TJpson, for the benefit of their creditors. In such assignment the firm preferred two creditors. The plaintiffs were creditors of the firm. They brought an action on their demand, and proceeded by garnishee process against the assignee. The garnishee answered, denying liability, and the plaintiffs took issue on his answer. After the plaintiffs recovered judgment- against Fenn & Williams on their demand, the issue on the…
1Opinion of the CourtLyon, J.
The assignment by Eenn & Williams to Upson, the garnishee, is not preserved in the record. Neither is the testimony upon which the special findings are based. *420Rut sufficient does appear to make it probable that the debts preferred were treated in the assignment as partnership debts. That they were the debts of the individual partners, and hence that they were fraudulently preferred, are, however, verities in the case. The sole question to be determined on this appeal is, Do such fraudulent preferences vitiate the assignment as to the plaintiffs, who are creditors of the firm ?
It is provided…
2Cases cited7 opinions
- Norton v. KearneyWisconsin Supreme Court · 1860
- Hardcastle v. FisherSupreme Court of Missouri · 1856
- Estabrook v. MessersmithWisconsin Supreme Court · 1864
- Hutchinson v. LordWisconsin Supreme Court · 1853
- Hawks v. PritzlaffWisconsin Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Batten v. SmithWisconsin Supreme Court · 1885
- Keith v. ArmstrongWisconsin Supreme Court · 1886
- Valley Lumber Co. v. HoganWisconsin Supreme Court · 1893
- Johnston v. Standard Shoe Co.Court of Appeals of Texas · 1893
7 more not listed; retrieve them via the Exa API.