Sullivan v. Kuolt
Wisconsin Supreme Court
Appeals from orders of tbe circuit court for Milwaukee county: E. C. Eschweileb, Circuit Judge. Actions for the appointment of trustees. Defendants demurred t'o the complaints.
Read the full summary
Appeals from orders of tbe circuit court for Milwaukee county: E. C. Eschweileb, Circuit Judge. Actions for the appointment of trustees. Defendants demurred t'o the complaints. The allegations of the complaints in the three cases, so far as they are material to the point raised by the demurrers, are these: That on October 2, 1913, the commissioner of banking took possession of all the property ef the Citizens Savings & Trust Company under the banking laws of this state, claiming that it was insolvent, and has still held possession of the same and claims the right so to do. That, in the…
1Opinion of the CourtVihje, J.
The question raised by the demurrer of the defendant Kuolt is whether he succeeds to the execution of the several trusts set out in the respective complaints by virtue of his having taken charge of the property and business of the Citizens Savings & Trust Company pursuant to the laws of the state. If he does, it must be by reason of some statutory provision, either express or implied, for, in the absence -of such statutory provision, a receiver does not take title to property held in trust. Le Roy v. Globe Ins. Co. 2 Edw. Ch. 657; High, Receivers (4th ed.) § 444; 5 Thompson, Corp. (2d ed.) §…
2Cases cited1 opinion
- Le Roy v. Globe InsuranceNew York Court of Chancery · 1836
3Cited by7 opinions
- In Re Estate of StrasserSupreme Court of Iowa · 1935
- United States Fidelity & Guaranty Co. v. Davenport Bank & Trust Co.Supreme Court of Iowa · 1936
- National City Bank v. Guardian Trust Co.Ohio Supreme Court · 1940
- Pouncey v. Fidelity Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
- Schutz v. Kalamazoo Improvement Co.Michigan Supreme Court · 1938
2 more not listed; retrieve them via the Exa API.