Wechselberg v. Flour City Nat. Bank
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States'for the Eastern District of Wisconsin. Action by the Flour City ¡National Bank against Julius Wechsel-.berg, Ernest S. Moe, and Charles H. Williams. Plaintiff obtained judgment. Defendant Wechselberg brings error.
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In Error to the Circuit Court of the United States'for the Eastern District of Wisconsin. Action by the Flour City ¡National Bank against Julius Wechsel-.berg, Ernest S. Moe, and Charles H. Williams. Plaintiff obtained judgment. Defendant Wechselberg brings error. This is an action at law by the Flour City National Bank against Julius Wechselberg (plaintiff in error). Ernest S. Moe, and Charles H. Williams, as defendants below, for recovery of the amount due upon a promissory note for $3,000, dated September 18, 1889, made by the Northwestern Collection Company to the Northwestern Collection,…
1DissentWoods, Circuit Judge
In considering whether a special finding of facts sustains a judgment it is to be remembered that all matters in respect to which the finding is silent are to be regarded as if expressly found against the party upon whom was the burden of proof. Of the two theories advanced in support' of the judgment here in question, that of statutory liability was mainly relied upon at the argument, and apparently when the declaration was drawn. In support of that view it was insisted upon the authority of Hawes v. Petroleum Co., 101 Mass. 385, that until the shares of stock had been taken by individuals,…
2Cases cited8 opinions
- Thompson v. First Nat. Bank of ToledoSupreme Court of the United States · 1884
- Lewis v. TiltonSupreme Court of Iowa · 1884
- Hawes v. Anglo-Saxon Petroleum Co.Massachusetts Supreme Judicial Court · 1869
- Fuller v. . RoweNew York Court of Appeals · 1874
- Fredendall v. TaylorWisconsin Supreme Court · 1870
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