Raesser v. National Exchange Bank
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The plaintiff’s intestate, Bromley, had for some years been agent for a railroad freighting combination known as the Kanawha Dispatch, with duty to solicit shipments of freight, and collect and remit prepayments therefor.
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Appeal from a judgment of the superior court of Milwaukee county: J. 0. Ludwig, Judge. The plaintiff’s intestate, Bromley, had for some years been agent for a railroad freighting combination known as the Kanawha Dispatch, with duty to solicit shipments of freight, and collect and remit prepayments therefor. During a few months prior to March 11, 1897, he had collected such advance freight moneys, and deposited them to his own account in the defendant bank, to an amount considerably exceeding his then balance. He drew checks on March 2d, 3d, and 5th, payable to George A. Hood, cashier of said…
1Opinion of the CourtDodge, J.
This case, as argued by counsel, presents several interesting questions as to the relations resulting from the giving of a check for value on an ordinary bank deposit, if, as is now fully settled in Wisconsin, the giving of such "check will be construed to intend an assignment of the fundyw tanto as between the maker and payee. Pease v. Landauer, 63 Wis. 20. The principles and reasons lying at the foundation of the rules of law fixing the rights of an assignee of a fund in the hands of an ordinary debtor or de*594positary are discussed at some length in Skobis v. Ferge, 102 Wis. 122,…
2Cases cited8 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Laclede Bank v. SchulerSupreme Court of the United States · 1887
- Skobis v. FergeWisconsin Supreme Court · 1899
- Dobbs v. KelloggWisconsin Supreme Court · 1881
- Pease v. LandauerWisconsin Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cowin v. SalmonSupreme Court of Alabama · 1943
- Hiroshima v. Bank of ItalyCalifornia Court of Appeal · 1926
- Mueller v. NortmannWisconsin Supreme Court · 1903
- Union State Bank v. Peoples State BankWisconsin Supreme Court · 1927
- Petersen v. OlsonSupreme Court of Iowa · 1962
8 more not listed; retrieve them via the Exa API.