Gazett v. Iola Co-operative Mercantile Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Waupaca county: Byeon B. Paee, Oircuit Judge. Tbe appeal is from a judgment in favor of tbe plaintiff and .against tbe garnisbee defendant.
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Appeal from a judgment of tbe circuit court for Waupaca county: Byeon B. Paee, Oircuit Judge. Tbe appeal is from a judgment in favor of tbe plaintiff and .against tbe garnisbee defendant. Tbe action was begun in justice’s court, and from judgments against all tbe defendants appeal was taken to tbe circuit court, and upon trial had by tbe court it was found in substance that on March 28, 1914, tbe principal defendants, Wipf and Torbenson, were insolvent, with liabilities of over $32,230 and with assets of about $14,200; that on said date tbe principal defendants sold to tbe garnisbee defendant…
1Opinion of the CourtEschweiler, J.
The garnishee defendant, appellant here,, claims that this bulk sale law, being secs. 2817c to 2317/, Stats., inclusive, is unconstitutional; or secondly, that the word “void” as used in the statute should be construed as “voidable,” and that where a sale is without fraudulent intent and for full consideration the statute does not apply; and thirdly, that if the law be held constitutional, then that such garnishee creditors should recover no more than the fifty per *408centum of tbeir claims, the same proportion that was paid tbe other creditors with whom the compromise was made that more than…
2Cases cited30 opinions
- Frisbie v. United StatesSupreme Court of the United States · 1895
- Wright v. . HartNew York Court of Appeals · 1905
- Lemieux v. Young, TrusteeSupreme Court of the United States · 1909
- John P. Squire & Co. v. TellierMassachusetts Supreme Judicial Court · 1904
- McDaniels v. J. J. Connelly Shoe Co.Washington Supreme Court · 1902
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3Cited by9 opinions
- State ex rel. La Follette v. KohleeWisconsin Supreme Court · 1930
- Missos v. SpyrosWisconsin Supreme Court · 1924
- Musselman v. GrossmanIdaho Supreme Court · 1928
- Brown Shoe Co. v. SacksMissouri Court of Appeals · 1919
- Prokopovitz v. KurowskiWisconsin Supreme Court · 1919
4 more not listed; retrieve them via the Exa API.