Legal Opinion

Emigh v. Earling

Wisconsin Supreme Court

Decided February 18, 1908PublishedCited by 23 opinions

Appeal from a judgment of the circuit court for Green Late county: Chester A. FowleR, Circuit Judge. For several years prior to 1902 D. J. Jenne and E. H. Jenne were engaged in the creamery business with headquarters at Berlin, Wisconsin, but running several branch creameries and skimming stations in that vicinity.

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Appeal from a judgment of the circuit court for Green Late county: Chester A. FowleR, Circuit Judge. For several years prior to 1902 D. J. Jenne and E. H. Jenne were engaged in the creamery business with headquarters at Berlin, Wisconsin, but running several branch creameries and skimming stations in that vicinity. Since about March, 1902, the business had been in form conducted by a corporation known as the Jenne Creamery Company, of which the stock was all controlled and the offices all held by the Jennes. The business was conducted upon an arrangement with the farmers who supplied the…

1Opinion of the Court

Dodge, T.

The first and probably the most earnestly contested question of fact was whether the transaction between the Jennes in October, 1902, constituted a turning over of the former’s property to Brown as an individual or, instead, to the hank, for its corporate purposes, with Brown serving merely as nominal custodian of title for it; and as a result whether the bank collected the proceeds of the sales of butter or the same were collected by Brown as an independent individual and were received by the bank from him as his money and not the bank’s. The trial court, after hearing all the…

2Cases cited5 opinions

  1. Davis v. Elmira Savings BankSupreme Court of the United States · 1896
  2. Security National Bank v. St. Croix Power Co.Wisconsin Supreme Court · 1903
  3. Boyle v. Northwestern National BankWisconsin Supreme Court · 1905
  4. Bromley v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Wisconsin Supreme Court · 1899
  5. Town of Beloit v. HeinemanWisconsin Supreme Court · 1906

3Cited by23 opinions

  1. Ezzell v. First Nat. Bank of RussellvilleSupreme Court of Alabama · 1928
  2. Gallin v. National City BankNew York Supreme Court · 1934
  3. Alexiou v. Bridgeport-Peoples' Savings BankSupreme Court of Connecticut · 1930
  4. President of Kilbourn City v. Southern Wisconsin Power Co.Wisconsin Supreme Court · 1912
  5. Brovan v. KyleWisconsin Supreme Court · 1917

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