Hamacker v. Commercial Bank
Wisconsin Supreme Court
Appeals from* an order of the circuit court for Portage county: Chas. M. "Webb, Circuit Judge. This is an action under sec. 3218 et seq., R. S., brought by a creditor to wind up the affairs of the Commercial Bank of Stevens Point, an insolvent state banking corporation.
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Appeals from* an order of the circuit court for Portage county: Chas. M. "Webb, Circuit Judge. This is an action under sec. 3218 et seq., R. S., brought by a creditor to wind up the affairs of the Commercial Bank of Stevens Point, an insolvent state banking corporation. One MalieTc was appointed receiver by consent at the time of the commencement of the action, and took possession of the assets about April 1, 1895. He gave bond as a receiver, signed by the American Surety Company as sole surety. He resigned in August, 1895, and filed his account, and one Pfiffn&r was appointed receiver in his…
1Opinion of the CourtWinslow, J.
1. The city taxes (if enforceable) were a preferred claim against the estate, but by statute they should be paid only pursuant to order of the court contained in tho *362final judgment in the action. R. S. secs. 3225-3245. Though the payment was unauthorized when made, still if the fact appeared that the claim was a valid one against the estate, and one that must necessarily be allowed and paid, the court wall not disallow the payment because made without authority previously obtained. Brown v. Hazlehurst, 54 Md. 26; Thompson v. Phenix Ins. Co. 136 U. S. 287; High, Receivers (3d ed.), § 798. The…
2Cases cited6 opinions
- Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
- Brown v. HazlehurstCourt of Appeals of Maryland · 1880
- People v. Stockton & Copperopolis R.R.California Supreme Court · 1874
- Second Ward Savings Bank v. City of MilwaukeeWisconsin Supreme Court · 1896
- McLaren v. First National Bank of MilwaukeeWisconsin Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Richardson v. TysonWisconsin Supreme Court · 1901
- Slimmer v. Chickasaw CountySupreme Court of Iowa · 1908
- Inland Lumber & Timber Co. v. ThompsonIdaho Supreme Court · 1905
- Dead River Co. v. Assessors of HoultonSupreme Judicial Court of Maine · 1953
- First National Bank v. Douglas CountyWisconsin Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.