Legal Opinion

Becker v. Becker

Wisconsin Supreme Court

Decided November 5, 1901PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for Ozaukee county: James J. Dice, Circuit Judge. Garnishee action to charge the Port Washington State Bank as debtor of Michael Becker, the defendant in the principal action.

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Appeal from a judgment of the circuit court for Ozaukee county: James J. Dice, Circuit Judge. Garnishee action to charge the Port Washington State Bank as debtor of Michael Becker, the defendant in the principal action. The garnishee answered that the garnishee summons was served January 26, 1900; that it then had $265 for payment to Michael Becker, the principal defendant, upon his forwarding to the bank, for the depositor of the money, a deed of certain real estate; that January 29, 1900, the deed was received and the money became payable; that the money was still in possession of the bank,…

1Opinion of the CourtMarshall, J.

As we understand the record, the facts are not in controversy. The parties agreed, and the court found, *26in effect, that the money deposited by A. J. Becker with the bank was to remain his property till the bank received and he approved of the deed, and that it was to go to Michael Becker or his assignee contingent upon the happening of such circumstances. That is to say, putting the matter in the best light for respondent, the right of Michael Becker to demand or dispose of the money in any way was,, at the time the garnishee summons was served upon the' bank, contingent upon the reception of…

2Cases cited2 opinions

  1. Edwards v. RoepkeWisconsin Supreme Court · 1889
  2. Bardon v. McCallWisconsin Supreme Court · 1900

3Cited by1 opinion

  1. Armstrong v. ArmstrongSupreme Court of Iowa · 1923

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