Dillman v. Carlin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Jb., Circuit Judge. This was a garnishee action. The principal defendant,, Schmidt, having $150 to his credit in the savings department of the Citizens’ National Bank of Milwaukee, gave his check in due form to P. P. Gcvrlvn, the respondent, for the whole thereof, intending thereby to transfer such credit to him to pay for a horse and some other personal property..
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Appeal from a judgment of the circuit court for Brown county: S. D. Hastings, Jb., Circuit Judge. This was a garnishee action. The principal defendant,, Schmidt, having $150 to his credit in the savings department of the Citizens’ National Bank of Milwaukee, gave his check in due form to P. P. Gcvrlvn, the respondent, for the whole thereof, intending thereby to transfer such credit to him to pay for a horse and some other personal property.. The bank credit was not subject to be drawn on by check, or otherwise than by the depositor or his assignee presenting the proper depositor’s book. That…
1Opinion of the CourtMarshall, J.
These two questions are presented for decision on this appeal: (1) Are the findings to the effect that the respondent took the chock from Schmidt for value and in good faith as to the latter’s creditors, and with intent on the part of both parties to the transaction that the bank credit drawn upon should thereby be assigned to respond*17ent, supported by the evidence? (2) Did sitcb facts constitute respondent the legal or equitable owner of the indebtedness of the bank to Schmidt?
The first proposition is ruled by the familiar doctrine that findings of fact made by a trial court cannot be…
2Cases cited2 opinions
- Skobis v. FergeWisconsin Supreme Court · 1899
- Pease v. LandauerWisconsin Supreme Court · 1885
3Cited by6 opinions
- Hove v. Stanhope State BankSupreme Court of Iowa · 1908
- Donohoe-Kelly Banking Co. v. Southern Pacific Co.California Supreme Court · 1902
- Raesser v. National Exchange BankWisconsin Supreme Court · 1902
- First National Bank v. O'ByrneAppellate Court of Illinois · 1913
- McClain v. TorkelsonSupreme Court of Iowa · 1919
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