68 Wis. 497 | Wis. | 1885
The plaintiff’s right to maintain this action depends entirely upon the question whether the assignment was completed, so as to vest the title'to the goods in question in the plaintiff as against the creditors of his assignor, prior to the time when they were seized by the defendants on the attachments. The statutes make every voluntary assignment or transfer of property for the benefit of or in trust for creditors void as against the creditors of the person making the same, unless completed as therein prescribed. Secs. 1694-1696, R. S. Before taking possession of the property assigned or assuming -any trust under the
Before delivering the copy of such assignment to the county judge or court commissioner for the purpose specified in sec. 1695, the assignee -must, in the presence of the officer talcing such bond, indorse in writing on such copy his consent to take upon himself the faithful discharge of the several trusts specified in the assignment, and that the said copy so indorsed by him is a true and correct copy of the original. Sec. 1696. The object of having such indorsement b3>” the assignee in the presence of such county judge or court commissioner is to secure such action in good faith under official sanction. There was nothing connected with such copy here showing that such indorsement was made in such presence until more than five weeks after the attachments. The fact of such presence resting in parol during that time did not satisfy the statute. Accordingly it is provided that such officer — that is to say, such county judge or court commissioner — must indorse upon such copy of the assignment his certificate that the same is a true copy
This renders it unnecessary to determine whether an attorney for an assignor or assignee, who happens to be the court commissioner who drew the assignment, is competent to make such indorsements and certificate; but the impropriety of acting in such doubly and inconsistent capacities must be apparent. It is plainly "distinguishable from Hammel v. Schuster, 65 Wis. 669.
Of course, the defendants were only-entitled to retain a sufficient amount of the proceeds of the sale of the property to satisfy the executions in their hands/and costs. Although
By the Court.— Ordered accordingly.