Fernhaber v. Cream City Cartage Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Milwaukee county; E. T. Fairchild, Circuit Judge. This is an appeal from an order of the circuit court entered March 1, 1921, vacating a judgment of the civil court of Milwaukee county in favor of the defendants and ordering a new trial in the circuit court. The judgment in the civil court was based upon a directed verdict in favor of the defendants.
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Appeal from an order of the circuit court for Milwaukee county; E. T. Fairchild, Circuit Judge. This is an appeal from an order of the circuit court entered March 1, 1921, vacating a judgment of the civil court of Milwaukee county in favor of the defendants and ordering a new trial in the circuit court. The judgment in the civil court was based upon a directed verdict in favor of the defendants. It appears that in the month of August, 1918, the defendant Werner Stein and one Hubert,' being then copart-ners, executed to one A. W. Stein, the father of Werner Stein, a chattel mortgage in the…
1Opinion of the CourtDoerfler, J.
Did the execution of the chattel mortgages and the subsequent sale of the trucks in question constitute conveyances made with intent to hinder, delay, or defraud creditors of the bankrupt? Under sec. 2323, Stats. 1917, the question,of intent to defraud in a case like the instant case is made a question of fact, and therefore a question for the jury. In order to prove fraud in the instant case it is necessary not only that the bankrupt executed the chattel mortgages without adequate consideration or with intent to hinder, delay, or defraud his creditors, but that the mortgagees at the time…
2Cases cited12 opinions
- Cappon v. O'DayWisconsin Supreme Court · 1917
- Mueller v. BrussWisconsin Supreme Court · 1901
- Anderson v. WalterMichigan Supreme Court · 1876
- Crary v. KurtzSupreme Court of Iowa · 1906
- Deland v. Miller & Cheney BankSupreme Court of Iowa · 1903
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3Cited by4 opinions
- Irving Trust Co. v. KaminskyDistrict Court, S.D. New York · 1937
- State v. RiceWisconsin Supreme Court · 1968
- Delap v. LiebensonWisconsin Supreme Court · 1926
- Kerbet v. BehlingWisconsin Supreme Court · 1953