Wegner v. Second Ward Savings Bank
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. Eeplevin. The complaint, after alleging the incorporation of the defendant bant, proceeds as follows: “That the plaintiff, prior to the 2d day of July, 1888, had deposited moneys with said defendant, and had a savings account with said defendant, who then owed this plaintiff on said account the sum of $710.50, which amount was evidenced by an account or pass book of the defendant, which was designated as 1 Savings Account…
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APPEAL from the Superior Court of Milwaukee County. Eeplevin. The complaint, after alleging the incorporation of the defendant bant, proceeds as follows: “That the plaintiff, prior to the 2d day of July, 1888, had deposited moneys with said defendant, and had a savings account with said defendant, who then owed this plaintiff on said account the sum of $710.50, which amount was evidenced by an account or pass book of the defendant, which was designated as 1 Savings Account or Pass Book No. 25,898; ’ that said savings account or pass book was the property of this plaintiff, and the evidence of…
1Opinion of the Court
Cole, O. J.
It is a mistake to say that the complaint in. this case contains more than one cause of action. It is plainly an action of replevin to recover the pass-book described, and nothing else. It is assumed that the complaint attempts to state a cause of action upon contract, or for the recovery of money deposited with the bank. This is not our construction of the complaint. The action is to recover the possession of the pass-book. This pass-book contained the contract of the parties, the rules and regulations as to the withdrawal of money by the depositor, and the evidence of the amounts…
2Cases cited1 opinion
- Davis v. Lenawee County Savings BankMichigan Supreme Court · 1884
3Cited by13 opinions
- Stebbins v. North Adams Trust Co.Massachusetts Supreme Judicial Court · 1922
- Chase v. Waterbury Savings BankSupreme Court of Connecticut · 1904
- Jefferson County Building & Loan Ass'n v. Southern Bank & Trust Co.Supreme Court of Alabama · 1932
- Hardee v. George H. Price Co.District Court, District of Columbia · 1937
- Zuplkoff v. Charleston National BankWest Virginia Supreme Court · 1916
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