Slack v. Northwestern National Bank of Superior
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas county: A. J. YiNJe, Judge. This is an action by tbe receiver of tbe State Trust & SavingsBank, an insolvent state banking corporation, against tbe defendant, a national banking corporation, to recover a considerable amount of notes, bonds and other securities, as well as over $9,000 in money, on the ground that the same were fraudulently taken by tbe officers of the defendant bank from tbe assets of tbe State Trust &…
Read the full summary
Appeal from a judgment of tbe superior court of Douglas county: A. J. YiNJe, Judge. This is an action by tbe receiver of tbe State Trust & SavingsBank, an insolvent state banking corporation, against tbe defendant, a national banking corporation, to recover a considerable amount of notes, bonds and other securities, as well as over $9,000 in money, on the ground that the same were fraudulently taken by tbe officers of the defendant bank from tbe assets of tbe State Trust & Savings Bank at a time when tbe latter institution was insolvent. Tbe action was tried by the court, and tbe findings of…
1Opinion of the CourtWiNslow, J.
We regard the'findings of fact as amply supported by tbe evidence, and shall therefore simply discuss tbe legal questions arising upon the facts found. Tbe court has had occasion in several recent cases to discuss the' question of the rights of creditors to proceed by ordinary processes of law against an insolvent corporation to collect-their demands, and it may now be said to be well settled-that such right exists as fully as though the debtor were am *63individual, instead of a corporation. Ballin, v. Merchants Exch. Bank, 89 Wis. 278; Ford v. Hill, 92 Wis. 188; Hinz v. Van Dusen, 95 Wis. 503.…
2Cases cited8 opinions
- Hospes v. Northwestern Manuf'g & Car Co.Supreme Court of Minnesota · 1892
- Fogg v. BlairSupreme Court of the United States · 1890
- Ford v. HillWisconsin Supreme Court · 1896
- Hinz v. Van DusenWisconsin Supreme Court · 1897
- Nolan v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Beloit Liquidating Trust v. GradeWisconsin Supreme Court · 2004
- Killen v. BarnesWisconsin Supreme Court · 1900
- Leach v. BeazleySupreme Court of Iowa · 1926
13 more not listed; retrieve them via the Exa API.