Conlee Lumber Co. v. Ripon Lumber & Manufacturing Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Cassoday: January 31, 1885, the defendant made a general assignment for the benefit of creditors' to T. D. Stone, containing a direction, in effect, for the payment, out of the net proceeds of the estate, all and singular the debts “ set forth and enumerated in a schedule to be annexed, marked ‘ Schedule C,’ and designated in said schedule as Class No. 1; ” and…
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APPEAL from the Circuit Court for Jefferson County. The following statement of the case was prepared by Mr. Justice Cassoday: January 31, 1885, the defendant made a general assignment for the benefit of creditors' to T. D. Stone, containing a direction, in effect, for the payment, out of the net proceeds of the estate, all and singular the debts “ set forth and enumerated in a schedule to be annexed, marked ‘ Schedule C,’ and designated in said schedule as Class No. 1; ” and then, out of “ the residue and remainder of the said net proceeds, . . . pay in full all and singular the debts,…
1Opinion of the CourtCassoday, J.
The only issue for trial, and the only issue tried, was whether, by the assignment, the defendant assigned, conveyed, or disposed of its property with intent to defraud its creditors. If the assignment was made with such intent, then the attachment should have been sustained. If it was not made with such intent, then the attachment was properly dissolved, even if the assignment *486was for some other reason void in law. A mere unsuccessful attempt to make a general assignment for the benefit of all the debtor’s creditors evinces no intent to defraud such creditors. Batten v. Smith, 62 Wis. 92;…
2Cases cited4 opinions
- Batten v. SmithWisconsin Supreme Court · 1885
- Lang v. SimmonsWisconsin Supreme Court · 1885
- Bates v. SimmonsWisconsin Supreme Court · 1885
- Haben v. HarshawWisconsin Supreme Court · 1884
3Cited by10 opinions
- Shriver v. Carlin & Fulton Co.Court of Appeals of Maryland · 1928
- Leigh Aitchison, Inc. v. Industrial CommissionWisconsin Supreme Court · 1925
- Fletcher v. ScottSupreme Court of Minnesota · 1938
- Pendergast v. YandesIndiana Supreme Court · 1890
- Carpenter v. Policy Holders Life InsuranceCalifornia Supreme Court · 1937
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