Loeb v. O'Brien
93 Wis. 249
Wis.
1896
Check Treatment
Winslow, J.

The plaintiffs’ claim was that at the time of the service of the garnishee summons the garnishee was in *250possession of the furniture of the hotel by virtue of a bill of sale thereof from Allen which was fraudulent as to Allen’s creditors. The evidence showed that on the 27th day of February, 1894, Allen made a bill of sale of the hotel furniture to O'Brien for the expressed consideration of $575, and that on the same day O’Brien executed a bill of sale of the same property to one Charles M. Price for the same expressed consideration; that Allen left the city upon the following day, and that his wife followed him a few days later; and that Price took possession of the property on or about March 4, 1894. There was evidence tending to show that these transactions were tona fide transactions; that O'Brien paid Allen full value for the property, and took the title in good faith and pursuant to a valid agreement between Price and Allen, by which O’Brien was to take and pay for the property and hold it for a few days, when Price would be ready to take and pay for it. There was also evidence tending to show that the transfer to O’Brien was a mere cover and fraudulent as to creditors; but we are unable to say, after examination of the testimony, that there was a clear preponderance of evidence against the findings of the circuit judge. The judgment must therefore be affirmed.

By the Court.— Judgment affirmed.