German National Bank of Ripon v. Princeton State Bank
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubnell, Circuit Judge. This is an action to recover damages for the conversion of' a promissory note of the face value of $2,500. Trial by jury was waived and the action tried by the court, which made findings substantially as follows: That the plaintiff was and' still is a national banking corporation doing business at Ripon, and the defendant a state banking corporation-doing-business at Princeton,…
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Bubnell, Circuit Judge. This is an action to recover damages for the conversion of' a promissory note of the face value of $2,500. Trial by jury was waived and the action tried by the court, which made findings substantially as follows: That the plaintiff was and' still is a national banking corporation doing business at Ripon, and the defendant a state banking corporation-doing-business at Princeton, during the times covered by the transactions in question, and that Charles Cowan and James L. Stone were at said times,…
1Opinion of the CourtWiNsnow, J.
It is well settled that a sale of property may be set aside as fraudulent either'(1) because it was induced by false and fraudulent representations which were relied upon by the seller, or (2) because of the existence of an tin-*64disclosed intention, not to pay on tlie part of the buyer. These are two separate and distinct wrongs: the first is complete without intent not to pay, the second is complete without false representations. Both may be present in a given case,, but either is complete and actionable without the other. Hart v. Moulton, 104 Wis. 349, 80 N. W. 599.
Both grounds seem to have…
2Cases cited14 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- Hart v. MoultonWisconsin Supreme Court · 1899
- People ex rel. Ellis v. HealyIllinois Supreme Court · 1889
- Watson v. SilsbyMassachusetts Supreme Judicial Court · 1896
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mid-Continent Refrigerator Co. v. StrakaWisconsin Supreme Court · 1970
- Hewett v. DoleWashington Supreme Court · 1912
- In re Hunter-Rand Co.District Court, E.D. North Carolina · 1917
- In Re P. H. Krauss & Co.District Court, W.D. Tennessee · 1924
- Weber v. MyhreWisconsin Supreme Court · 1926