Legal Opinion · Dissent

First Wisconsin National Bank of Milwaukee v. Roehling

Wisconsin Supreme Court

Decided April 7, 1937Published

1DissentFairchild, J.

It is doubtful' whether Roehling was solvent when he changed the beneficiaries of the policies. The evidence is quite conclusive that he knew he could not pay his debts and that his fortune was gone or was held to him by a slender thread. His fading hope of a favorable turn was fixing the date of his self-destruction. There is, however, evidence upon values of certain property in which he had an interest tending to show that a balance between liabilities and assets was on the side of solvency. The trial court so found and that finding must stand.

The other important finding is contrary to the…

2Cases cited5 opinions

  1. Ionia County Savings Bank v. McLeanMichigan Supreme Court · 1891
  2. Equitable Life Assurance Society of the United States v. HitchcockMichigan Supreme Court · 1935
  3. Gould v. FleitmannAppellate Division of the Supreme Court of the State of New York · 1919
  4. Continental National Bank v. MooreAppellate Division of the Supreme Court of the State of New York · 1903
  5. Gould v. . FleitmannNew York Court of Appeals · 1920

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