Legal Opinion

McLeod v. Evans

Wisconsin Supreme Court

Decided September 21, 1886PublishedCited by 87 opinions

.'APPEAL from the Circuit Court for (rm^i'CouMy. The action was brought against J. H. Evans, as assignee of 1. Iiodges, to recover the sum of $1,500, with interest from February 8, 1884, less a payment of .$90, to have the same adjudged a lien upon the estate of Hodges in the hands of the defendant, and payment thereof directed out of such estate. The facts are stated in the opinion.

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.'APPEAL from the Circuit Court for (rm^i'CouMy. The action was brought against J. H. Evans, as assignee of 1. Iiodges, to recover the sum of $1,500, with interest from February 8, 1884, less a payment of .$90, to have the same adjudged a lien upon the estate of Hodges in the hands of the defendant, and payment thereof directed out of such estate. The facts are stated in the opinion. The answer, among other things, alleged that there was a defect of parties defendant in that the other creditors of Hodges, who had proved their claims according to law and for whom the defendant held in trust…

1Opinion of the Court

The following opinions were filed May 15, 1886:

Cole, C. J.

This is a suit in equity to recover in full from the defendant, who is an assignee of one Hodges, the proceeds of a draft of $1,500. The first most serious question of law we have to consider arises upon these facts found by the learned circuit court: The plaintiff had a draft for $1,500, drawn on the Ninth National Bank of New York city. Desiring to cash this draft, he went to the bank of Mr. Hodges, in the city of Platteville, on the 30th of January, 1884, to get the money upon it. Hodges told him that he was not in funds at the-…

2Cases cited5 opinions

  1. National Bank v. Insurance Co.Supreme Court of the United States · 1881
  2. Van Alen v. . American National BankNew York Court of Appeals · 1873
  3. The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
  4. Peak v. EllicottSupreme Court of Kansas · 1883
  5. The People v. . Merchants and Mechanics' Bk.New York Court of Appeals · 1879

3Cited by87 opinions

  1. Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
  2. Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
  3. Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
  4. Independent District v. KingSupreme Court of Iowa · 1890
  5. Long v. EarleMichigan Supreme Court · 1936

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