Legal Opinion

Jewell v. Sherman

Wisconsin Supreme Court

Decided February 3, 1891PublishedCited by 10 opinions

APPEALS from the Circuit Court for Fond dm, Lae County. Tbe case is stated in the opinion. They contended, únter alia, that the question whether dividends will be allowed to a secured creditor of an insolvent estate on his entire claim, or only on the balance remaining after application of his securities, is in some aspects like that at bar.

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APPEALS from the Circuit Court for Fond dm, Lae County. Tbe case is stated in the opinion. They contended, únter alia, that the question whether dividends will be allowed to a secured creditor of an insolvent estate on his entire claim, or only on the balance remaining after application of his securities, is in some aspects like that at bar. A decision that the secured creditor must first exhaust or apply his security would be a decision, a fortiori, that the creditor of the indorser must, before taking dividends, reduce his claim by the amount paid by the maker. Such decisions are numerous.…

1Opinion of the CourtTaylor, J.

In the above-entitled actions • the assignee has appealed from an order made in each of said cases upon *618the proof of the several claims of the respondents against the estates in the hands of the said assignee. The claim in each case is made upon a promissory note held by the respondent. The notes were made by the Fond du Lac Furniture Company, a corporation doing business in Fond du Lac, and were indorsed by said Charles J. L. Meyer personally. The notes remain unpaid, and the holders of the notes have taken the proper steps to charge said Meyer as indorser of the same. After said notes…

2Cases cited19 opinions

  1. Lewis v. United StatesSupreme Court of the United States · 1876
  2. People v. E. Remington & SonsNew York Court of Appeals · 1890
  3. Evertson v. BoothNew York Supreme Court · 1822
  4. In re BatesIllinois Supreme Court · 1886
  5. Findlay v. HosmerSupreme Court of Connecticut · 1817

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3Cited by10 opinions

  1. Harrigan v. GilchristWisconsin Supreme Court · 1904
  2. Levy v. Chicago National BankIllinois Supreme Court · 1895
  3. Sacramento Bank v. Pacific BankCalifornia Supreme Court · 1899
  4. In re SwiftDistrict Court, D. Massachusetts · 1901
  5. Citizens' Bank v. Kendrick, Pettus & Co.Tennessee Supreme Court · 1893

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