Sweetser v. Silber
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. This is an action in equity, by judgment creditors of Jacob Silber, to set aside as fraudulent a chattel mortgage upon a stock of goods, and certain judgments entered upon judgment notes, and execution levies thereunder upon the same goods. It appears that Jacob Silber was a merchant doing business át Waupun, in Dodge county, and at Brandon, Fond du Lac county.
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APPEAL from the Circuit Court for Dodge County. This is an action in equity, by judgment creditors of Jacob Silber, to set aside as fraudulent a chattel mortgage upon a stock of goods, and certain judgments entered upon judgment notes, and execution levies thereunder upon the same goods. It appears that Jacob Silber was a merchant doing business át Waupun, in Dodge county, and at Brandon, Fond du Lac county. March 31, 1892, Jacob Silber executed a chattel mortgage upon the entire stock in the Waupun store to Silber & Sidenberg to secure notes aggregating about $1,800, with a clause permitting…
1Opinion of the CourtWinslow, J.
The appellants claim that the demurrer ore tenus should have been sustained, because the remedy at law is adequate. It has recently been held by this court, upon full consideration, that an action in equity in such a case as the present may be maintained, and that the remedy at law is not adequate. Gullickson v. Madsen, ante, p. 19. Furthermore, the objection was waived by answering to the merits. Sherry v. Smith, 72 Wis. 339.
The only other questions presented upon this appeal are questions of fact. If the fact is, as the circuit judge found, that the mortgage and confessions of judgment were…
2Cases cited2 opinions
- David v. BirchardWisconsin Supreme Court · 1881
- Sherry v. SmithWisconsin Supreme Court · 1888
3Cited by8 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Bigelow v. Town of WashburnWisconsin Supreme Court · 1898
- Pippin v. RichardsWisconsin Supreme Court · 1911
- Hoff v. OlsonWisconsin Supreme Court · 1898
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