Wilson v. Brochon

Citation95 F. 82
PartiesWILSON et al. v. BROCHON.
Decision Date31 May 1899
CourtU.S. District Court — Western District of Wisconsin

D. K Tenney, for plaintiffs.

H. H Grace and Ross, Dwyer & Hanitch, for defendant.

BUNN District Judge.

The amended answer of Wilson Bros. to the defendant's petition presents a very interest question. The plaintiffs are merchants doing business at Chicago. The defendant was a retail dealer in gentlemen's furnishing goods at West Superior, Wis. Plaintiffs had, prior to August, 1897, sold defendant from time to time bills of merchandise on time. On the 27th day of August, 1897, defendant executed to the plaintiffs a judgment note for the sum of $2,157;83. This note was given for goods sold from time to time prior to the execution thereof. On December 31st following, judgment was rendered upon said note in this court in favor of the plaintiff for the sum of $2,327.42, and execution issued against the defendant, and his stock of goods seized. After the seizure of the defendant's goods under the execution the defendant, on the 11th day of January, 1898, made an assignment for the benefit of his creditors to one D. S. Culver under the state insolvent laws of Wisconsin, and soon thereafter applied to this court by petition for an order to stay the sale upon execution, and to require the marshal in whose custody the goods were held under the execution to turn them over to the assignee under the state assignment law. One answer which the plaintiffs now make to this proposition is that a portion of the goods sold to defendant, the price of which was included in the judgment, were sold by them to the defendant before the passage of that provision of the state law which made previous levies under attachments and execution void upon an assignment for the benefit of creditors under the state law,-- that is to say, prior to April 30, 1897; that the amount included in the judgment note so sold prior to the passage of that law was $1,667.49. This plea, with the exception in the nature of a demurrer to the same, presents the question whether the statute of Wisconsin referred to, approved April 24, and published April 30, 1897, is valid and constitutional as to such portion of the plaintiffs' claim as was for goods sold prior to the going into effect of the law. Section 3 of the act (Laws 1897, p. 742, c. 334) reads as follows:

'Whenever the property of an insolvent debtor is attached or levied upon by virtue of any...

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2 cases
  • Kirkman v. Bird
    • United States
    • Utah Supreme Court
    • May 14, 1900
    ... ... Dec. 682 ... 3 ... State insolvent laws depriving creditors of the right to ... attach. Denny v. Bennett, 48 U.S. 489; Wilson v ... Brochon, 95 F. 82; Bank v. Schranck, 73 N.W ... 31; P. L. & C. Works v. Paint Co., 76 N.W. 359; ... Health & Hilligan Mfg. Co. v ... ...
  • Aldrich v. Yates
    • United States
    • United States Circuit Court, District of Kentucky
    • June 28, 1899

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