85 Wis. 382 | Wis. | 1893
1. The evidence shows that the judgments upon which the stock of Mayer Kaiser, the judgment debtor, was sold out in Chicago in October, 1883, were for honest debts which he theft owed; and there is nothing in the evidence, so far as we are able to see, to show that there was anything improper or unfair in the manner in
2. As the business established at Madison in the Fair^ store was the business of Mrs. Kaiser, as against her husband’s creditors, she might lawfully employ her husband/ with or without hire, to manage it and assist her in carrying it on. The evidence does not sustain, we think, the charge that what he did in this respect was in pursuance of any plan or scheme to defraud his creditors. The business was not only her own, and transacted in all respects in her own name, but it does not appear that any claim was ever made to the contrary until this proceeding was instituted, nor that she ever made any concession, or her husband any claim, to the contrary, or that he has, during a period of eight or nine years, used any of the proceeds beyond his five dollars per week as his own, or claimed the right to do so. We are unable to say that his employment and management of the business was not in good faith, or that it shows that he was the real owner and the title of his wife was merely nominal or colorable. Mrs. Kaiser
3. The proposition most strongly pressed at the argu-I ment was that the creditors of Kaiser, the husband, were . entitled to receive payment of their claims out of the prop- * erty accumulated, beyond the present needs of his family,
, by his skill, industry, and ability in managing and. conducting the business of “ The Fair ” as the agent of his wife; and the cases of Glidden v. Taylor, 16 Ohio St. 509, and Feller v. Alden, 23 Wis. 301, among others, were cited in support of the position. This contention is contrary to the case of Dayton v. Walsh, 47 Wis. 113; wherein it was held that where a married woman, having - at the time no - separate estate, purchased a farm of a stranger entirely upon credit, giving her notes for the price, secured by a mortgage on the property, and her husband lived with her on
"We think that the evidence sustains the findings of the circuit court, and it is therefore not necessary to consider the question whether the action was barred by the statute of limitations, or by laches on the part of the creditor instituting the action. We do not find any error in the record.
By the Court.— The judgment of the circuit court is affirmed.