Gager v. Bank of Edgerton
Wisconsin Supreme Court
Appeal from an order of the circuit court for Rock county: John R. Bennett, Circuit Judge. This is an appeal from an injunctional order pendente lite. The facts upon which the order was made were as follows: On the 19th of October, 1897, the Bank of Edgerton was a state banking corporation which had been doing business at Edgerton for a number of years.
Read the full summary
Appeal from an order of the circuit court for Rock county: John R. Bennett, Circuit Judge. This is an appeal from an injunctional order pendente lite. The facts upon which the order was made were as follows: On the 19th of October, 1897, the Bank of Edgerton was a state banking corporation which had been doing business at Edgerton for a number of years. On that day thh bank closed its doors, and one Marsden, a stockholder in the bank, brought an action in equity against the bank alone, alleging it to be insolvent and praying the appointment of a receiver with the usual powers to collect and…
1Opinion of the CourtWinslow, J.
The question presented is whether the circuit court was right in holding that the action commenced by llawsden, which was at first an action against the bank alone, is the exclusive action in which not only the assets of the bank are to be administered but also the liabilities of officers and stockholders are to be ascertained and enforced, or whether the court should have held that Ra/rtzheim? s action is the proper action in which the liabilities of officers and stockholders are to be enforced. This question seems to be satisfactorily answered in accordance with the ruling of the circuit…
2Cases cited4 opinions
- Hurlbut v. MarshallWisconsin Supreme Court · 1885
- Ford v. Plankinton BankWisconsin Supreme Court · 1894
- Ballin v. LoebWisconsin Supreme Court · 1890
- In re the Oshkosh Mutual Fire InsuranceWisconsin Supreme Court · 1890
3Cited by10 opinions
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Killen v. BarnesWisconsin Supreme Court · 1900
- Eau Claire National Bank v. BensonWisconsin Supreme Court · 1900
- Williams v. BrewsterWisconsin Supreme Court · 1903
5 more not listed; retrieve them via the Exa API.