Jackman v. Eau Claire National Bank
Wisconsin Supreme Court
Appeals from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. This action was brought by Ralph W. Jademan, trustee of the estate of John H. Young, to recover the value of property-transferred as a preference under subd. b, sec. 60, Bankr. Act July 1, 1898, ch. 541, 30 Stats, at Large, 562 [U. S. Comp.
Read the full summary
Appeals from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. This action was brought by Ralph W. Jademan, trustee of the estate of John H. Young, to recover the value of property-transferred as a preference under subd. b, sec. 60, Bankr. Act July 1, 1898, ch. 541, 30 Stats, at Large, 562 [U. S. Comp. St. 1901, p. 3445]. The complaint alleges, .in effect, that on the 7 th day of June, 1902, John H. Young, of Eau Claire, Wisconsin, filed a petition in bankruptcy and was-adjudged to be a bankrupt, and on the 23d day of June, 1902, the plaintiff was elected…
1Opinion of the Court
Tbe following opinion was filed June 23, 1905:
XeRwif, J.
On defendant’s appeal several errors are assigned, wbicb, so far as deemed necessary, will be considered in their order.
1. It is claimed that the court erred in overruling defendant’s demurrer to plaintiff’s complaint, because no demand was alleged, and, further, that the complaint does not sufficiently allege the necessity of bringing the action. Had the property covered by the chattel mortgages been in the possession of or under the control of defendant at the time action was brought by the trustee, so that it could have been…
2Cases cited30 opinions
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Huntington v. AttrillSupreme Court of the United States · 1892
- Claflin v. HousemanSupreme Court of the United States · 1876
- Bardes v. Hawarden BankSupreme Court of the United States · 1900
- Houston v. MooreSupreme Court of the United States · 1820
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sandpiper North Apartments, Ltd. v. American National Bank & Trust Co. of ShawneeSupreme Court of Oklahoma · 1984
- Marion State Bank v. GossettIndiana Supreme Court · 1911
- Hewitt v. Boston Straw Board Co.Massachusetts Supreme Judicial Court · 1913
- Stuart v. Farmers Bank of Cuba CityWisconsin Supreme Court · 1908
- Cunningham v. MitchellWashington Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.