Keith v. Arthur
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane ■county: E. G. SiebeoKee, Circuit Judge. August 23, 1894, C. J. Arthur made an assignment to the garnishee, J. II. Arthur, for the benefit of creditors. All the assignment papers were properly executed and filed so .as to comply with the statutes of this state respecting such ■proceedings, except that the assignee, by mistake, failed to sign his bond.
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Appeal from a judgment of the circuit court for Dane ■county: E. G. SiebeoKee, Circuit Judge. August 23, 1894, C. J. Arthur made an assignment to the garnishee, J. II. Arthur, for the benefit of creditors. All the assignment papers were properly executed and filed so .as to comply with the statutes of this state respecting such ■proceedings, except that the assignee, by mistake, failed to sign his bond. He supposed that the statutes had been in all respects complied with, and proceeded in good faith to assume and execute the duties of the trust. On the day the assignment was executéd the…
1Opinion of the CourtMakshall, J.
The delivery of plaintiffs’ claim to the as-signee constituted a written acceptance of the benefits of the trust. They had an election of remedies. Having exercised such election by accepting the obligation of the as-signee to administer the trust under the assignment for their benefit, they thereby waived any and all other remedies inconsistent therewith. This court has so frequently spoken on that subject that there is little, if anything, additional that can be said in regard to it. The principal cases where the matter has been considered are cited in the briefs of counsel. Littlejohn v.…
2Cases cited3 opinions
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
- Lawson v. StacyWisconsin Supreme Court · 1892
- Boynton Furnace Co. v. SorensenWisconsin Supreme Court · 1891
3Cited by1 opinion
- Citizens State Bank v. BrownSupreme Court of Minnesota · 1910