Stevens v. Williams
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Monroe county: O. B. "Wyman, Circuit Judge. This was an application by tbe appellant, by petition in tbe matter of tbe voluntary assignment of Mason A. Tbayer, to bave bis claim adjudged a preferred claim and paid in full. Tbe appellant was county treasurer of Monroe county; Tbe respondent is tbe assignee for tbe benefit of creditors of Mason A. Tbayer. Tbayer was a banker at Sparta.
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Appeal from an order of tbe circuit court for Monroe county: O. B. "Wyman, Circuit Judge. This was an application by tbe appellant, by petition in tbe matter of tbe voluntary assignment of Mason A. Tbayer, to bave bis claim adjudged a preferred claim and paid in full. Tbe appellant was county treasurer of Monroe county; Tbe respondent is tbe assignee for tbe benefit of creditors of Mason A. Tbayer. Tbayer was a banker at Sparta. Tbe appellant kept some of tbe county’s moneys in Tbayer’s bank, as a general deposit. Tbayer knew that be deposited tbe county’s moneys. Tbe bank failed, having many…
1Opinion of the CourtNewhaN, J.
This case is ruled, against the appellant, by the following recent cases in this court: Nonotuck Silk Co. v. Flanders, 87 Wis. 237; Henry v. Martin, 88 Wis. 367; Burnham v. Barth, 89 Wis. 362; Thuemmler v. Barth, 89 Wis. 381; Henika v. Heinemann, 90 Wis. 478; Gianella v. Momsen, 90 Wis. 476. By the same method and amount of proof it can be shown, with equal directness and certainty, that this fund is the particular money of each one of the several creditors of the insolvent bank. Because each one of the several creditors cannot in the nature of things have the entire fund, each must be…
2Cases cited6 opinions
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Burnham v. BarthWisconsin Supreme Court · 1895
- Henry v. MartinWisconsin Supreme Court · 1894
- Gianella v. MomsenWisconsin Supreme Court · 1895
- Thuemmler v. BarthWisconsin Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Paul v. DraperSupreme Court of Missouri · 1900
- Hyland v. RoeWisconsin Supreme Court · 1901
- Portage County v. Town of NeshkoroWisconsin Supreme Court · 1901