Thomas v. Citizens National Bank of Pocomoke City
Wisconsin Supreme Court
Apkeal from a judgment and an order of tbe circuit court for Brown county: S'. D. HastiNgs, Circuit Judge. This is a garnishment action begun in justice’s court and appealed to the circuit court. The action in circuit court was tried to the court, which found that the funds sought to be impounded were not liable to garnishment and awarded judgment accordingly. The material facts are not disputed.
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Apkeal from a judgment and an order of tbe circuit court for Brown county: S'. D. HastiNgs, Circuit Judge. This is a garnishment action begun in justice’s court and appealed to the circuit court. The action in circuit court was tried to the court, which found that the funds sought to be impounded were not liable to garnishment and awarded judgment accordingly. The material facts are not disputed. It appears that the plaintiff, A. L. Thomas, of Green Bay, Wisconsin, purchased of the Peninsula Produce Exchange of Maryland two carloads of potatoes. On the day of shipment the Produce Exchange…
1Opinion of the CourtSibbecKER, J.
The circuit court found that the Kellogg Bank was not indebted to the Produce Exchange nor had property in its possession belonging to the Produce Exchange when it was summoned in garnishment. This finding is assailed by the plaintiff on the ground that the transaction between the Produce Exchange and the Citizens Bank of Poco-moke did not constitute a sale and purchase of the draft. It is said in argument that the trial court came to this conclusion on the fact alone that the Citizens Bank credited the Produce Exchange in the passbook for the amount of the draft when it was issued and…
2Cases cited4 opinions
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
- J. S. Ditch & Bros. v. Western National BankCourt of Appeals of Maryland · 1894
- American Thresherman v. Citizens Bank of AndersonWisconsin Supreme Court · 1913
- Kuehn v. Nero & Menominee River Sugar Co.Wisconsin Supreme Court · 1911
3Cited by5 opinions
- First State Bank of New York Mills v. WestSupreme Court of Minnesota · 1932
- Castle v. Union Pacific RailroadSupreme Court of Minnesota · 1918
- Blatz Brewing Co. v. Richardson & Richardson, Inc.Wisconsin Supreme Court · 1944
- Field Realty Co. v. McCreadyOhio Court of Appeals · 1934
- Midland Funding, LLC v. MizinskiCourt of Appeals of Wisconsin · 2014