170 Wis. 190 | Wis. | 1919
' In addition to the facts referred to in the foregoing statement the court found (1) that the transfer of the goods, Wares, and merchandise to Kurowski was accomplished by assignment by Palka of the contract of sale and purchase between him and Chimka; (2) that Kurowski knew the terms of such transfer of this property and that he knew that the creditors of Chimka. specified in both sales to
An examination of the evidence convinces us that thé court erred in finding these facts. The evidence adduced fails to show that Kurowski had any knowledge of the terms of sale from Chimka to Palka aside from the fact of transfer and that Palka agreed to pay those of Chimka’s creditors who were specified in the list attached to the bill of sale. There is no evidence to show that Kurowski knew Chimka owed other debts nor that Chimka owed plaintiff and the bank on the notes involved in this case. The record is also barren of proof that Kurowski had any knowledge that Chimka and Palka were financially irresponsible and their creditors would be unable to reach any property belonging to them or to secure payment of the debts owing by either of them. The finding that- the transfer of the property by Palka to Kurowski was in effect an assignment of Palka’s contract of purchase from Chimka is wholly unsupported by the facts. The evidence shows without dispute that a sale of property between Palka and Kurowski was negotiated on an agreed consideration through Palka’s agent, and the transaction constitutes a direct sale of the goods between the parties. The trial court awarded recovery to plaintiff as a creditor of Chimka against Kurowski upon the grounds that plaintiff had the right to satisfy his claims out of the goods, wares, and merchandise Chimka sold to Palka, who in turn soid them to Kurowski, because the sale by CKimka was in violation of the bulk sales law (sec. 2317c, S(tats.), and that Kurowski, under the facts of the transaction, is estopped from claiming title to the goods as against Chimka’s creditors. Concededly the requirements of this act were not complied with in making these sales of these goods, and the sale
Applying th^e rules to the instant case, the result is that the sale from Chimká to Palka'was conclusively void as to Chimka’s creditors, who had the right to enforce payment of their demands by attachment of the goods in Palka’s possession or to proceed in garnishment against Palka to collect