Pilling v. Otis
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. The defendant Otis, as a deputy marshal for the district of Wisconsin, seized a stock of goods as the property of Abram H. Pilling, under an attachment issued from the United States district court. Elias and Isaac Pilling, brothers of Abram H., claimed the goods under a sale made by him to thembefore the issuing of the attachment, and brought this action to recover the goods.
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APPEAL from the Circuit Court for La Fayette County. The defendant Otis, as a deputy marshal for the district of Wisconsin, seized a stock of goods as the property of Abram H. Pilling, under an attachment issued from the United States district court. Elias and Isaac Pilling, brothers of Abram H., claimed the goods under a sale made by him to thembefore the issuing of the attachment, and brought this action to recover the goods. The principal question in the case was, whether the sale was fraudulent as to the creditors of the vendor. The plaintiffs obtained a verdict, and a motion for a new…
1Opinion of the Court
By the Gourt,
Paine, J.
Among other circumstances relied on to show fraud in the sale under which the plaintiffs claimed, was the fact that the sale was upon a long and unusual mercantile credit. The counsel for the defendant asked the court to instruct the jury, that if' such was the fact, “ it was a badge of fraud.” This was refused, but the court at the same time told them that it was a circumstance to be *496considered by them in arriving at tire question of fraud, but was not of itself a badge of fraud. As we understand the meaning of tire word “badge,” this was error. It does not mean that…
2Cited by10 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Rindskopf v. MyersWisconsin Supreme Court · 1894
- David v. BirchardWisconsin Supreme Court · 1881
- Austin v. MoeWisconsin Supreme Court · 1887
- Veum v. StefferudNorth Dakota Supreme Court · 1923
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