Legal Opinion

American Thresherman v. Citizens Bank of Anderson

Wisconsin Supreme Court

Decided October 7, 1913PublishedCited by 10 opinions

Appeals from judgments of tbe circuit court for Dane county: E. Rat Stevuws; Circuit Judge. Tbis action was brought on tbe 11th day of May, 1911, in tbe circuit court for Dane county by tbe plaintiff to recover from tbe De Tamble Motors Company, defendant, $486.80 alleged to be due on contract, and at tbe same time plaintiff attached as tbe property of tbe defendant three automobiles and accessories then in possession of tbe Chicago & Northwestern Railway Company and also…

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Appeals from judgments of tbe circuit court for Dane county: E. Rat Stevuws; Circuit Judge. Tbis action was brought on tbe 11th day of May, 1911, in tbe circuit court for Dane county by tbe plaintiff to recover from tbe De Tamble Motors Company, defendant, $486.80 alleged to be due on contract, and at tbe same time plaintiff attached as tbe property of tbe defendant three automobiles and accessories then in possession of tbe Chicago & Northwestern Railway Company and also summoned tbe Bank of .Wisconsin, of Madison, Wisconsin, as garnishee, said bank having in its possession tbe bill of…

1Opinion of the Court

Tbe following opinion was filed April 29, 1913:

EeewiN, J.

Tbe only questions necessary to be considered upon this appeal are (1) whether tbe findings are supported by tbe evidence; and (2) whether tbe findings support tbe judgment.

We have examined the record with care and are convinced that it cannot be said that the clear preponderance of the evidence is against the findings. The evidence is ample to sustain the finding that the intervener, Citizens Bank of Anderson, was the owner of the property at the time of the attachment. It appears clearly from the evidence that there was an agreement…

2Cases cited5 opinions

  1. First National Bank v. Mount Pleasant Milling Co.Supreme Court of Iowa · 1897
  2. American National Bank v. Henderson & Co.Supreme Court of Alabama · 1898
  3. Shaffer Bros. v. RhyndersSupreme Court of Iowa · 1902
  4. Paxson Bros. v. WarfieldCourt of Appeals of Georgia · 1909
  5. Leinkauf Banking Co. v. GrellAppellate Division of the Supreme Court of the State of New York · 1901

3Cited by10 opinions

  1. Libman v. Fox-Pioneer Scrap Iron Co.Wisconsin Supreme Court · 1921
  2. Hubbell, Slack & Co. v. Farmers' Union Cotton Co.Court of Appeals of Texas · 1917
  3. Farmers & Merchants National Bank v. SproutSupreme Court of Kansas · 1919
  4. Thomas v. Citizens National Bank of Pocomoke CityWisconsin Supreme Court · 1914
  5. Chase National Bank v. Spokane CountyWashington Supreme Court · 1923

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