Carter, Rittenberg & Hainlin Co. v. McDonald
Carter, Rittenberg & Hainlin Co. v. McDonald
Opinion of the Court
It appears from the record that for several years prior to July 15, 1893, the principal, defendant, Jennie A. Eichardson, was engaged in the millinery business at Stevens Point; that during that time the garnishee, McDonald, was engaged in the business of real estate and loaning money at the same place; that at that time Eich-ardson was indebted to McDonald in the sum of .$972, and to secure the same she, at that time, gave him two notes, one due in January and the other in April, 1894, secured by a chattel mortgage on all her goods, 'wares, and merchandise; that September 1, 1893, both of these suits were commenced against Eichardson; that September 5, 1893, McDonald filed his chattel mortgage; that September 14,1893, Eichardson, being indebted to the plaintiffs and others to the amount of $3,000, besides the notes and mortgage to McDonald, and being grossly insolvent, executed and delivered to McDonald a bill of sale, absolute in form, reciting a- consideration of $1,162, of her stock of goods, consisting of the millinery stock in said store at Stevens Point; that such bill of sale was drawn by a lawyer residing some twenty miles from Stevens Point; that at the time of receiving that bill of sale McDonald gave Eichardson $200; that the stock of goods covered by the chattel mortgage was then inventoried to McDonald at $2,043.32; that that bill of sale was filed in' the city clerk’s office at Stevens Point, September 16, 1893; that the property so included in the bill of sale comprised all the property then owned by Eichardson; that McDonald thereupon ostensibly took possession, and put his daughter in charge, but Eichardson (except when sick) in fact continued to conduct the business under the same sign, and accounted to McDonald for the proceeds of the sales; that September 19, 1893, the garnishee papers were served in both actions upon McDonald and Eichardson at the same time; that McDonald answered and denied all liability; that the plaintiffs, respectively, took
The evidence clearly supports the findings of the trial court. The. manifest purpose of surrendering the mortgage and taking back the bill of sale was to hinder, delay, and defraud the other creditors of the mortgagor. Sutton v.
By the Court.— The judgment of the circuit court is affirmed.
Reference
- Full Case Name
- Carter, Rittenberg & Hainlin Co. v. McDonald, Garnishee, Appellant Fisk and another v. McDonald, Garnishee
- Status
- Published