82 Wis. 303 | Wis. | 1892
The following opinion was filed March 22, 1892:
If, before the assignment, the assignor made transfers of his property with intent to give a preference or to defraud any of his creditors, as alleged, then such property was recoverable by the assignee. Batten v. Smith, 62 Wis. 92; Backhaus v. Sleeper, 66 Wis. 72; Batten v. Richards, 70 Wis. 272. If the assignee neglected or failed to perform his duty in such regard, or was incompetent or disqualified, or wasted or misapplied any of the trust estate,
By the Court. — The order of the circuit court is affirmed.
Upon a motion for a rehearing, counsel for the appellants stated that this court was mistaken in assuming that there had been a final settlement of the assignee’s accounts and an order of the circuit court thereon which would be conclusive upon all creditors. They also urged, among other things, that this court had misapprehended the object
The following opinion was filed May 24, 1892:
Cassoday, J. A reargument is asked upon the ground that the opinion filed “is based upon a misconception of the facts, in assuming that there had been a final settlement and adjustment of the assignee’s accounts and an order of the court thereupon made that would be conclusive upon all creditors.” Whether such order had in fact been made was not regarded of any special consequence in the decision of the case, and hence it was inadvertently said that “ such order is alleged to have been made in this case.” As indicated in the opinion filed, the plaintiffs, by proving their claims, were severally estopped from questioning the assignment, and limited to the remedy given by the-statutes therein cited. The fact that these statutes make the order upon final settlement “ conclusive upon all parties, including the sureties of the assignee,” subject only to the right of appeal, indicates pretty clearly that the leg
By the Court.— The motion for a rehearing is denied, with $25 costs.