Johnston v. Humphrey
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix, county: E. E. Bundy, Circuit Judge. It appears from the record that on and prior to June 8,. 1893, Alfred J. Goss was doing a banking business at Hudson, under the name and style of “Hudson Savings Bank; ” that said bank was not incorporated, and said Goss was sole-owner thereof; that the bank was open and did business-during June 8, 1893, but the next day'closed its doors, and has not since done any business; that…
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Appeal from an order of the circuit court for St. Croix, county: E. E. Bundy, Circuit Judge. It appears from the record that on and prior to June 8,. 1893, Alfred J. Goss was doing a banking business at Hudson, under the name and style of “Hudson Savings Bank; ” that said bank was not incorporated, and said Goss was sole-owner thereof; that the bank was open and did business-during June 8, 1893, but the next day'closed its doors, and has not since done any business; that June 15, 1893, said Goss made a voluntary assignment for the benefit of his-creditors to said Hwnphrey, who duly qualified…
1Opinion of the CourtCassoday, C. J.
The statute provides, in effect, that a demand by one party may be set off against and as a defense, in whole or in part, to demands by the other party, whenever the demand arises upon contract, express or implied, if " it existed at the time of the commencement of the action, and then belonged to the party claiming to set off the same, and was due to him in his own right, either as being the. original contractor or payee, or as being the assignee and owner thereof; and that, if the contract has been assigned to the party, a demand existing against such party, or any assignor of such…
2Cases cited11 opinions
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Rothschild v. . MackNew York Court of Appeals · 1889
- Spaulding v. BackusMassachusetts Supreme Judicial Court · 1877
- Stone v. DodgeMichigan Supreme Court · 1893
- Jones v. PieningWisconsin Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Citizens Bank v. Bradley, ExaminerSupreme Court of South Carolina · 1926
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
- Momsen v. NoyesWisconsin Supreme Court · 1900
- McKay v. H. A. Hall & Co.Supreme Court of Oklahoma · 1912
- Maxcy v. City of WashburnWisconsin Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.