107 Wis. 180 | Wis. | 1900
The evidence is voluminous, conflicting, and confused, and we cannot say that the finding of the court is antagonized by any clear preponderance thereof. The appellant contends that all the - earnings in that business are the fruits of defendant August Beaudry’s skill and services, and therefore should belong to his creditors. This is by no
While it has been held, and is undoubtedly the law,, that a husband cannot screen the fruits of his own services and exertions under the mere name of another, be that other wife, son, or any one else, if those fruits of his labor are really his (Tripp v. Childs, 14 Barb. 85; Hyde v. Frey, 28 Fed. Rep. 819), it has nevertheless been decided many times that if the enterprise is in fact that of the wife he may give or hire to her his skill and services, and the fruits of the enterprise will still be hers; that a man’s labor cannot be coerced or controlled by his creditors, but may be disposed of by himself, however insolvent he may be (Dayton v. Walsh, 47 Wis. 113; Mayers v. Kaiser, 85 Wis. 382; Ansorge v. Barth, 88 Wis. 553; Aldridge v. Muirhead, 101 U. S. 397). These authorities insist on good faith. In ascertaining the existence of this element, the question is whether the debtor
Agreeing, as we do, with the circuit court as to the bona, Jides of Zelia?s ownership of the lumbering business, no
By the Court.— Judgment affirmed. =