South Bend Chilled Plow Co. v. George C. Cribb Co.
Wisconsin Supreme Court
Appeals from orders of the circuit court for Milwaukee ■county: I). H. Johnson, Circuit Judge. The allegations of the complaint, aside from such as refer to the capacity in which the parties appear, are in substance as follows: On the 28th day of August, 1893, plaintiffs were creditors of George C. Cribb. On that day said George C. Cribb made a voluntary assignment for the benefit of his creditors under the laws of this state.
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Appeals from orders of the circuit court for Milwaukee ■county: I). H. Johnson, Circuit Judge. The allegations of the complaint, aside from such as refer to the capacity in which the parties appear, are in substance as follows: On the 28th day of August, 1893, plaintiffs were creditors of George C. Cribb. On that day said George C. Cribb made a voluntary assignment for the benefit of his creditors under the laws of this state. Thereafter creditors, including plaintiffs, representing over ninety per cent, of the indebtedness of the assignor, entered into a contract with such assignor to the…
1Opinion of the CourtMaeshall, J.
It is claimed on the part of the appellants that the intention of the pleader was to state a cause of action to enforce a trust created by the agreement made between the creditors of George 0. Cribb and George C. Cribb, whereby the property held by the latter’s assignee was *234turned over to the George C. Cribb Company, and such creditors took, in lieu of their claim against the assignor, the notes of the corporation for seventy per cent, of such claims. There is much in the complaint to sustain that view. Respondents claim, however, that the purpose of the complaint was to state facts entitling…
2Cases cited4 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- Miller v. BayerWisconsin Supreme Court · 1896
- Hinz v. Van DusenWisconsin Supreme Court · 1897
- Ballin v. Merchants' Exchange BankWisconsin Supreme Court · 1895
3Cited by15 opinions
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Killen v. BarnesWisconsin Supreme Court · 1900
- Miles v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1901
- Gager v. MarsdenWisconsin Supreme Court · 1899
- Figge v. BergenthalWisconsin Supreme Court · 1907
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