Lowe v. Crocker
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Clark county: E. O. Eschweilee, Judge. Action for money bad and received. In tbe latt'er part of December, 1897, tbe Clark County Bank, of wbicb plaintiff was a director, became insolvent, and assigned its resources and assets to plaintiff as security for its indebtedness to him.
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Appeal from a judgment of tbe circuit court for Clark county: E. O. Eschweilee, Judge. Action for money bad and received. In tbe latt'er part of December, 1897, tbe Clark County Bank, of wbicb plaintiff was a director, became insolvent, and assigned its resources and assets to plaintiff as security for its indebtedness to him. Plaintiff claimed that amongst sucb assets was a note, indorsed by one George Huntzicker, wbo bad made a voluntary assignment of bis property for tbe benefit of bis creditors to bis nepbew, Henry Huntzicker. Plaintiff owned a majority, in amount, of tbe claims against…
1Opinion of the CourtViNjn, J.
The jury must have negatived the claim made by the defendant as to how he became the owner of the note, and found that the agreement was as shown by plaintiff’s evidence. This raises the question of whether the plaintiff is entitled to recover under such an agreement. He was unable to secure the removal of the assignee for cause, and he was equally unable to procure the consent of the majority of the creditors in number to join in. a'petition for his removal under see. 1702, Stats. 1911. No lawful way of removing the assignee was open to plaintiff. But he wanted him removed. In this dilemma…
2Cases cited8 opinions
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Woodworth v. . BennettNew York Court of Appeals · 1871
- Melchoir v. McCartyWisconsin Supreme Court · 1872
- National Distilling Co. v. Cream City Importing Co.Wisconsin Supreme Court · 1893
- Leighton v. KennedyCourt of Appeals for the First Circuit · 1904
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3Cited by10 opinions
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- Marshall v. WittigWisconsin Supreme Court · 1933
- Brown v. Union Banking Co.Michigan Supreme Court · 1936
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