Thayer v. Humphrey
Wisconsin Supreme Court
Appeals from orders of the circuit court, for St. Croix county: E. B. Bundy, Circuit Judge. Each of the above-named appellants filed a claim against respondent’s assignor in his assignment proceedings, and such proceedings were had that an issue was made up as to each in respect to whether he is entitled to share jpari passu with the other creditors of such assignor. The decision was against the claimants, upon the ground that they are partnership creditors.
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Appeals from orders of the circuit court, for St. Croix county: E. B. Bundy, Circuit Judge. Each of the above-named appellants filed a claim against respondent’s assignor in his assignment proceedings, and such proceedings were had that an issue was made up as to each in respect to whether he is entitled to share jpari passu with the other creditors of such assignor. The decision was against the claimants, upon the ground that they are partnership creditors. The facts in regard to the existence of a partnership doing business at River Ealls, Wis., composed of J. D. Putnam and A. J. Goss, its…
1Opinion of the CourtMaeshall, J.
There are no findings of fact in these cases, but the evidence distinctly shows that the-firm of J. D. Put.nam & Go., on the 3d day of November, 1891, when Putnam sold out as hereafter stated, was hopelessly insolvent; that J. D. Putnam, the managing partner of the firm, was insolvent as well; that he desired to retire from the business and have its affairs closed up, and, in order that this might be done without an assignment on his part and on the part of the firm as well, which, it was thought, would imperil the private business of A. J. Goss, it was agreed that the firm should be…
2Cases cited25 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Huiskamp v. Moline Wagon Co.Supreme Court of the United States · 1887
- Saunders v. . ReillyNew York Court of Appeals · 1887
- Bulger v. . RosaNew York Court of Appeals · 1890
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3Cited by15 opinions
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- In re Assignment of GilbertWisconsin Supreme Court · 1896
- Densmore Commission Co. v. ShongWisconsin Supreme Court · 1898
- In re BrewerDistrict Court, E.D. North Carolina · 1923
- Evens & Howard Fire Brick Co. v. HadfieldWisconsin Supreme Court · 1896
10 more not listed; retrieve them via the Exa API.