Nonotuck Silk Co. v. Flanders
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bayfield County. For several years prior to June, 1893, the defendant’s assignor, A. C. Probert, conducted a banking business at Washburn under the name of the Bank of Washburn. On May 24, 1893, the plaintiff, a corporation at Chicago, sent a draft for $99.67, on one Lemke, to the Bank of Washburn for collection. On June 2, 1893, the draft was presented to Lemke, and paid by his check on the Bank of Washburn on the same day.
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APPEAL from the Circuit Court for Bayfield County. For several years prior to June, 1893, the defendant’s assignor, A. C. Probert, conducted a banking business at Washburn under the name of the Bank of Washburn. On May 24, 1893, the plaintiff, a corporation at Chicago, sent a draft for $99.67, on one Lemke, to the Bank of Washburn for collection. On June 2, 1893, the draft was presented to Lemke, and paid by his check on the Bank of Washburn on the same day. On June 3, 1893, the Bank of Washburn issued its draft on the Union National Bank, its Chicago correspondent, for the proper amount, and…
1Opinion of the CourtCassoday, J.
The amount involved is small, but the case is important by reason of others dependent upon it, and the nature of the question involved. It appears that A. 0. Probert was the sole owner of the Bank of Washburn; that June 7, 1893, he failed, and his bank closed its doors; that June 26, 1S93, he made a voluntary assignment of all his property to the defendant for the benefit of his creditors. There is some force in the suggestion that the receiving of Lemke’s check in payment of the plaintiff’s draft on him, held by Probert’s bank for collection, and the sending to the plaintiff of a draft made…
2Cases cited17 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Peters v. BainSupreme Court of the United States · 1890
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- McLeod v. EvansWisconsin Supreme Court · 1886
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
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3Cited by78 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
- Lowe v. JonesMassachusetts Supreme Judicial Court · 1906
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