Legal Opinion

Oatman v. Batavian Bank

Wisconsin Supreme Court

Decided October 14, 1890PublishedCited by 13 opinions

APPEAL from the Circuit Court for La Crosse County. Action by the assignee of Royal L. Reynolds to recover the amount of a deposit in the defendant bank to the credit of said Reynolds. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. To the point that a bank has an absolute right to apply a deposit of an insolvent to the payment of his paper whether due or not, they cited Ex 'pcurte Howard Eat.

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APPEAL from the Circuit Court for La Crosse County. Action by the assignee of Royal L. Reynolds to recover the amount of a deposit in the defendant bank to the credit of said Reynolds. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. To the point that a bank has an absolute right to apply a deposit of an insolvent to the payment of his paper whether due or not, they cited Ex 'pcurte Howard Eat. Banh, 2 Lowell, 488; 1 Morse on Banks (3d ed.), secs. 329, 337; Eord’s Adrrir r. Thornton, 3 Leigh, 695; Camden Eat. Banlc. v. Green,…

1Opinion of the CourtOetoit, J.

On the 2d day of January, 1889, one Eoyal S. Eeynolds, being insolvent, made a voluntary assignment of all his property to the respondent, for the benefit of his creditors. At that time he had on deposit in the appellant bank, to his credit, the sum of $773.13. At the same time the said bank held and owned the promissory note of said Eeynolds for $1,000, executed by him to one S. Martindale, and indorsed to said bank by said Martindale, on the 3d day of July, 1888, to become due twenty days after date, with interest at eight per cent, per annum, and to bear ten per cent, interest after due.…

2Cases cited12 opinions

  1. Carr v. HamiltonSupreme Court of the United States · 1889
  2. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  3. Myers v. . DavisNew York Court of Appeals · 1860
  4. Beckwith v. . the Union Bank of New-YorkNew York Court of Appeals · 1853
  5. Martin v. . KunzmullerNew York Court of Appeals · 1867

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3Cited by13 opinions

  1. Thompson v. Union Trust Co.Michigan Supreme Court · 1902
  2. Wright v. Seaboard Steel & Manganese Corp.Court of Appeals for the Second Circuit · 1921
  3. Jones v. PieningWisconsin Supreme Court · 1893
  4. Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
  5. Hayden v. Citizens' Nat. Bk. of Balt.Court of Appeals of Maryland · 1913

8 more not listed; retrieve them via the Exa API.

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