Ferguson v. Bauernfeind
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought by the plaintiff as trustee of the-C. W. Milbrath Company, a corporation, against the defendant, Jacob Bauernfeind j to recover the sum of $521.25 alleged to be due and owing upon an open and running account between the C. W. Milbrath Company, a corporation, bankrupt, and the defendant.
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Appeal from a judgment of the circuit court for Milwaukee county: J. C. Ludwig, Circuit Judge. This action was brought by the plaintiff as trustee of the-C. W. Milbrath Company, a corporation, against the defendant, Jacob Bauernfeind j to recover the sum of $521.25 alleged to be due and owing upon an open and running account between the C. W. Milbrath Company, a corporation, bankrupt, and the defendant. The complaint alleges, in substance, that the Milbrath Company, a corporation, was adjudged a bankrupt on the 31st day of August, 1905, and on the 4th day of October, 1905, the plaintiff was…
1Opinion of the CourtBjgewiit, J.
The only question which we find necessary to consider upon this appeal is the one relating to the so.-called trust relation between the defendant and the C. W. Milhrath *46Company. The court below found such relation was that of debtor and creditor and that the money placed in the hands of the Milbrath Company by defendant was not placed there in trust. This question involves the sufficiency of the evidence to support the findings of the court below, set out in the statement of facts, to the effect that the Milbrath Company was indebted to the defendant upon an open and running account between…
2Cases cited2 opinions
- In re Royea's EstateDistrict Court, W.D. Washington · 1906
- Van Ingen v. FeldtWisconsin Supreme Court · 1893
3Cited by1 opinion
- Mattox v. GibsonWisconsin Supreme Court · 1938