Bong v. Parmentier
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. On August 1, 1893, the appellants, Gerhard and Henry Bong, were copartners in business, and engaged in the sale of goods. On the day named said firm made a voluntary assignment for the benefit of their creditors to Jules Par-mentier, who at once entered upon his duties as assignee, took possession of the stock of goods owned by said firm, and continued to hold the same under said assignment.
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APPEAL from the Circuit Court for Brown County. On August 1, 1893, the appellants, Gerhard and Henry Bong, were copartners in business, and engaged in the sale of goods. On the day named said firm made a voluntary assignment for the benefit of their creditors to Jules Par-mentier, who at once entered upon his duties as assignee, took possession of the stock of goods owned by said firm, and continued to hold the same under said assignment. By the terms of said assignment the assignors assigned and conveyed to the assignee all their property, real and personal, “ except such as are exempt from…
1Opinion of the CourtCassoday, J.
It is well settled that the right to an exemption of $200 stock in trade under our statute is a personal privilege which may be waived by the debtor. S. & B. Ann. Stats. sec. 2982, subd. 8; Russell v. Lennon, 39 Wis. 570; Zielke v. Morgan, 50 Wis. 566; Wicker v. Comstock, 52 Wis. 315; O’Gorman v. Fink, 57 Wis. 649. Where the debtor fails to select the articles which he claims to be exempt at the time of the levy, or within a reasonable time thereafter, he thereby waives his right to such exemption. Ibid. These cases expressly overruled Gilman v. Williams, 7 Wis. 329, m that respect, and also…
2Cases cited10 opinions
- Gilman v. WilliamsWisconsin Supreme Court · 1859
- Russell v. LennonWisconsin Supreme Court · 1876
- Wicker v. ComstockWisconsin Supreme Court · 1881
- Zielke v. MorganWisconsin Supreme Court · 1880
- First National Bank of Madison v. HackettWisconsin Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
- Home Bank v. BeckerWisconsin Supreme Court · 1970
- Opitz v. BrawleyWisconsin Supreme Court · 1960
- Cunningham v. BrictsonWisconsin Supreme Court · 1898
- In re FriederickDistrict Court, W.D. Wisconsin · 1899
4 more not listed; retrieve them via the Exa API.