Stevens v. Montfort State Bank
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Grant county: S. E. Smalley, Circuit Judge. This is an appeal by the defendant commissioner of banking from a judgment in favor of the plaintiff in the sum of $44,048.20 damages and $83.05 costs. On June 8, 1922, the Montfort State Bank, being insolvent, discontinued doing business, and on June 10th the banking examiner of the state of Wisconsin took possession of all of the assets of the bank for the purposes of liquidation.
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Appeal from a judgment of the circuit court for Grant county: S. E. Smalley, Circuit Judge. This is an appeal by the defendant commissioner of banking from a judgment in favor of the plaintiff in the sum of $44,048.20 damages and $83.05 costs. On June 8, 1922, the Montfort State Bank, being insolvent, discontinued doing business, and on June 10th the banking examiner of the state of Wisconsin took possession of all of the assets of the bank for the purposes of liquidation. One C. K. Stephens, at the time the bank closed its doors, was its cashier and managing officer, and had been so…
1Opinion of the CourtDoerfler, J.
Defendant’s counsel strenuously argue that there is ample evidence in this case from which it can be inferred that Stephens, the defaulting cashier, when he withdrew moneys from the bank between April, 1921, and June 8, 1922, did so as the agent of the plaintiff; that he was duly authorized so to do; and that therefore the first question submitted to the jury presented a proper jury issue; that the court in instructing the jury upon such issue committed prejudicial .error, and that therefore the judgment should be reversed and the defendant awarded a new trial.
In explaining to the jury the…
2Cases cited14 opinions
- Somers v. Germania National Bank of MilwaukeeWisconsin Supreme Court · 1913
- Davenport v. StoneMichigan Supreme Court · 1895
- Dick v. HeislerWisconsin Supreme Court · 1924
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- McCune v. BadgerWisconsin Supreme Court · 1905
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wussow v. Badger State BankWisconsin Supreme Court · 1931
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- Will v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1926
- De Swarte v. First National BankWisconsin Supreme Court · 1926
- Walter v. Four Wheel Drive Auto Co.Wisconsin Supreme Court · 1934
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