State ex rel. Sheldon v. Dahl
Wisconsin Supreme Court
AiREAis from a judgment of the circuit court for Eond du Lac county: Ohestee A. EowleR, Circuit Judge. The action is brought by plaintiffs against Andrew H. Dahl and the National Surety Company for an alleged breach of the bond of Dahl as state treasurer. It is alleged that the treasurer breached his bond by unlawfully surrendering securities deposited with him as state treasurer by the Wisconsin Savings Loan & Trust Company of Hudson, Wisconsin.
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AiREAis from a judgment of the circuit court for Eond du Lac county: Ohestee A. EowleR, Circuit Judge. The action is brought by plaintiffs against Andrew H. Dahl and the National Surety Company for an alleged breach of the bond of Dahl as state treasurer. It is alleged that the treasurer breached his bond by unlawfully surrendering securities deposited with him as state treasurer by the Wisconsin Savings Loan & Trust Company of Hudson, Wisconsin. The National Surety Company is the surety on the bond. This case was before this court on appeal from an order sustaining a demurrer to the…
1Opinion of the CourtSiebecker, J.
The judgment is assailed by the defendants upon the grorinds that the trial court erred in holding-(1) that this is an action in equity and that the verdict of the jury can be treated only as advisory; (2) that the defendant Dahl would have been guilty of a want of ordinary care had he turned over the first $45,000 lot of securities when the resolution of dissolution of the trust company was *280recorded in the register of deeds’ office as required by law; and (3) that the surrender of the first lot of securities by the state treasurer, under the facts and circumstances shown, constitutes an…
2Cases cited5 opinions
- Dow v. HumbertSupreme Court of the United States · 1876
- State ex rel. Sheldon v. DahlWisconsin Supreme Court · 1912
- State v. BætzWisconsin Supreme Court · 1878
- Branch v. DavisUnited States Circuit Court · 1886
- State v. RuthSouth Dakota Supreme Court · 1900
3Cited by2 opinions
- Featherly v. Continental Insurance Co.Wisconsin Supreme Court · 1976
- Hurlebaus v. American Falls Reservoir DistrictIdaho Supreme Court · 1930