Carr v. Commercial Bank of Racine
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. A motion to set aside a judgment rendered in said court against the defendant, was founded upon an affidavit of H. S. Durand, upon whom the summons and complaint bad been served September 14, 1863, that he was not at that time the president or other officer, or the “ managing agent” of the defendant.
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APPEAL from the Circuit Court for Racine County. A motion to set aside a judgment rendered in said court against the defendant, was founded upon an affidavit of H. S. Durand, upon whom the summons and complaint bad been served September 14, 1863, that he was not at that time the president or other officer, or the “ managing agent” of the defendant. The motion was resisted upon affidavits and exhibits tending to show that at the first meeting of the directors of said bank, Durand was elected its president, and no other person had since been elected to that office; that semi-annual statements…
1Opinion of the Court
By the Court,
Cole, J.
The testimony offered on the hearing of the order to show-cause why the judgment should not be set aside, conclusively shows that Durand was the managing agent of the bank in such a sense as to render service of the summons upon him a good commencement of the suit against the bank. It is quite true that Durand swears that he was not the president, cashier, director or managing agent of the bank at the time the summons was served upon him. But when we see how he controlled the business of the bank, made out the reports which the law requires should be made to the…
2Cited by3 opinions
- Kreider v. Wisconsin River Paper & Pulp Co.Wisconsin Supreme Court · 1901
- Wheeler & Wilson Manufacturing Co. v. LawsonWisconsin Supreme Court · 1883
- Karns v. State Bank & Trust Co.Nevada Supreme Court · 1909