Wisconsin Trust Co. v. Wisconsin Marine & Fire Insurance Co. Bank
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Prior to April, 1891, one Julius Luebke was a resident of tbe city of Milwaukee, in tbis state. On January 3, 1891, be deposited in tbe defendant bank $38,000, taking therefor .three certificates of deposit of $10,000 each, and tbe fourth for $8,000; eaeb bearing interest at four per cent, if left three months; to stop at tbe end of six months, if not re-snewed.
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Appeal from a judgment of tbe circuit court for Milwaukee county: D. H. JohNsoN, Circuit Judge. Prior to April, 1891, one Julius Luebke was a resident of tbe city of Milwaukee, in tbis state. On January 3, 1891, be deposited in tbe defendant bank $38,000, taking therefor .three certificates of deposit of $10,000 each, and tbe fourth for $8,000; eaeb bearing interest at four per cent, if left three months; to stop at tbe end of six months, if not re-snewed. His business was that of a commercial traveler selling hardware. He left Milwaukee some time in April,, 1891. He was unmarried. His only…
1Opinion of the CourtBardeen, J.
The only question for determination on this appeal is whether the plaintiff was legally appointed administrator of the estate of said Luebke. The application for administration was made April 23, 1898. The defendant insists that, inasmuch as it is alleged in the petition that Luebke was last seen at Leadville, Colorado, on April 29, 1891, and the application for administration was made April *46823,1898, the full period of seven years had not elapsed from the time that Luebke was last seen alive and the date of the application, and hence the administration proceedings were presumably commenced…
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