Mann v. Grinwald

• Decision Date: 09 December 1930
• Parties: MANN v. GRINWALD ET AL.
• Court: Wisconsin Supreme Court

203 Wis. 27

233 N.W. 582

MANN

v.GRINWALD ET AL.

Supreme Court of Wisconsin.

Dec. 9, 1930.

Appeal from a judgment of the Circuit Court for Washington County; C. M. Davison, Circuit Judge.

Action by John W. Mann, administrator of the estate of Joseph Mayer, deceased, against Math. Grinwald and others. Judgment for plaintiff, and defendant named and wife appeal.--[By Editorial Staff.]

Reversed, with directions to enter judgment dismissing the complaint.

Action begun December 12, 1929. Judgment entered February 10, 1930. Defendants Math. Grinwald and Ottilia Grinwald appeal.George A. Hartman, of Juneau (Richmond, Jackman, Wilkie & Toebaas, of Madison, of counsel), for appellants.

Jesse M. Peters, of Hartford, for respondent plaintiff.

O'Meara & O'Meara, of West Bend, for respondent defendant.

FRITZ, J.

Action brought under section 312.13, Stats., by plaintiff as administrator of the estate of Joseph Mayer, to recover from appellants, Ottilia Grinwald (who is a sister of Joseph Mayer) and her husband, Math. Grinwald, two promissory notes and the proceeds of two other notes, which the complaint alleged were indorsed by Joseph Mayer to the Grinwalds without any consideration whatsoever, “for the purpose only of concealing the said Joseph Mayer's assets and defeating the claim of the wife Ella Mayer, and it was intended by all the parties to the transaction that the said notes were to remain the property of the said Joseph Mayer.”

The court found that Joseph Mayer had indorsed and delivered the notes to the Grinwalds, without consideration, for the fraudulent purpose of defeating any claim which Joseph Mayer's wife might have for support and maintenance, and “generally in fraud of any other creditors,” and “to defraud other creditors he had or might have”; that the transfer was not made or intended as a gift to the Grinwalds, but for no other purpose than to conceal his property to defeat any claim his wife might make against him; that the Grinwalds knew of such purpose; and that the four notes constituted the only property then owned by Joseph Mayer, with the exception of a note for $900 executed by Frank Mayer. There is also a finding that there have been filed against the estate claims aggregating $4,853.96, which include funeral expenses, and expenses of last sickness, board, lodging, washing, and care of the deceased; and that the only property of the estate which has come to the administrator are the $900 note executed by Frank Mayer, and $45 interest collected thereon.

[1] The delivery of the notes by Joseph Mayer to the Grinwalds occurred in January or February, 1925, at the office and in the presence of a reputable attorney. Nothing occurred in his presence indicative of any fraudulent intent or unlawful transaction. The only basis for the finding as to such intent was a prior indorsement by Joseph Mayer, of the same notes, to another sister, Catherine Eisert, in May, 1924, when he received a letter from his wife demanding $500. In 1912 she had separated from Joseph Mayer, and had commenced an action for divorce, which was never brought to trial. However, although not divorced, she undertook to marry another, and lived with him as his wife. It does not appear that she made any demand at any other time on Joseph Mayer or his estate, or that she ever claimed that Joseph Mayer assigned any of his assets with intent to avoid any right, debt, or duty owing to her; or that she had ever demanded or suggested the commencement of this action by the administrator to recover any such assets for her benefit. Likewise, it does not appear that at the time of the delivery of the notes to the Grinwalds in January or February, 1925, Joseph Mayer then contemplated incurring indebtedness or was indebted to any person, excepting possibly to a sister Lena Mayer, on a claim filed by her against his estate for $280 for services performed in nursing him in 1922 to 1924. However, even as to that claim, as well as to all the claims filed, which amount to $4,853.96, there has been no adjudication as to the validity thereof, and no proof was offered in this case upon which any finding to that effect could be based. The only claims filed were by the brother Frank Mayer, and the sisters Lena...