Lawson v. Stacy
Wisconsin Supreme Court
APPEAL from the Circuit Court for Shawano County. This action was commenced November 24, 1890, by the plaintiffs, on behalf of themselves and of other creditors of the defendant Fuller who should come in and contribute to the expenses of the action, for the purpose of setting aside as fraudulent and void an assignment executed by Fuller for the benefit of his creditors to the defendant Stacy, June 30, 1888, and to have a receiver appointed of the property in the hands of…
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APPEAL from the Circuit Court for Shawano County. This action was commenced November 24, 1890, by the plaintiffs, on behalf of themselves and of other creditors of the defendant Fuller who should come in and contribute to the expenses of the action, for the purpose of setting aside as fraudulent and void an assignment executed by Fuller for the benefit of his creditors to the defendant Stacy, June 30, 1888, and to have a receiver appointed of the property in the hands of said assignee, and to require him to account in full for all such property and the proceeds thereof. The complaint, among…
1Opinion of the Court
The following opinion was filed March 22, 1892:
Cassoday, J.
If, before the assignment, the assignor made transfers of his property with intent to give a preference or to defraud any of his creditors, as alleged, then such property was recoverable by the assignee. Batten v. Smith, 62 Wis. 92; Backhaus v. Sleeper, 66 Wis. 72; Batten v. Richards, 70 Wis. 272. If the assignee neglected or failed to perform his duty in such regard, or was incompetent or disqualified, or wasted or misapplied any of the trust estate, *305then the creditors had the remedy prescribed by sec. 16933, S. & B. Ann. Stats., or…
2Cases cited11 opinions
- Van Wyck v. SewardNew York Supreme Court · 1837
- Batten v. SmithWisconsin Supreme Court · 1885
- Colden v. EldredNew York Supreme Court · 1818
- Geisse v. BeallWisconsin Supreme Court · 1854
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In re Assignment of GilbertWisconsin Supreme Court · 1896
- Heldebrand v. TarbellWisconsin Supreme Court · 1897
- Case v. JamesWisconsin Supreme Court · 1895
- Durr v. WildishWisconsin Supreme Court · 1898
- Sprinkle v. WallaceOregon Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.