Somers v. Germania National Bank of Milwaukee
Wisconsin Supreme Court
Appeal from a.judgment of tbe circuit court for Milwaukee county: OujjeN T. Williaiis, Circuit Judge. Action to recover $3,500 principal and accrued interest claimed to be due on certificates of deposit. Tbe plaintiff’s claim was this: Tbe certificates were duly issued by defendant to plaintiff in 1906, payable to ber order. Sbe never transferred them nor authorized^ transfer thereof.
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Appeal from a.judgment of tbe circuit court for Milwaukee county: OujjeN T. Williaiis, Circuit Judge. Action to recover $3,500 principal and accrued interest claimed to be due on certificates of deposit. Tbe plaintiff’s claim was this: Tbe certificates were duly issued by defendant to plaintiff in 1906, payable to ber order. Sbe never transferred them nor authorized^ transfer thereof. They were taken without ber authority and presented to defendant for payment, with a forged indorsement of ber name thereon, and were paid to tbe wrongdoer. As soon 'as sbe learned thereof sbe called on…
1Opinion of the Court
Tbe following opinion was filed November 19, 1912:
Maeshall, J.
It must be conceded that proof of appellant having paid tbe certificates without respondent having indorsed them, unexplained, made a case in her favor. It may also be conceded that, upon tbe whole case as sent to tbe jury, there was reasonable ground for tbe finding that respondent did not sufficiently bold out her husband as having authority to handle her business, to justify appellant in making the payment. However, there are many circumstances pointing in appellant’s favor on that subject. The case, in that regard, was so…
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