Floersheimer v. Cousins
Wisconsin Supreme Court
' Appeal from a judgment of the circuit court for Milwaukee county: A. H. Reid, Judge. This action was brought by the appellants,, owners of the Pereles building in Milwaukee, to charge the commissioner of banking, who had charge of the liquidation of the Citizens Savings & Trust Company, with payment of rent for the full term of the lease held by the trust company when it went .into liquidation, and to have the rent for such full term declared an expense of administration…
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' Appeal from a judgment of the circuit court for Milwaukee county: A. H. Reid, Judge. This action was brought by the appellants,, owners of the Pereles building in Milwaukee, to charge the commissioner of banking, who had charge of the liquidation of the Citizens Savings & Trust Company, with payment of rent for the full term of the lease held by the trust company when it went .into liquidation, and to have the rent for such full term declared an expense of administration and an obligation of the commissioner, and to have the court direct the commissioner to retain out of the assets of the…
1Opinion of the CourtSiebecker, J.
The lease in question contains a covenant by the lessee “not to assign or underlet said premises or any part thereof or otherwise part with this indenture . . with*604out the consent thereto in writing of the said lessor . . ., or assigns.” When the commissioner of banking took possession of the property and the business of the trust company under sec. 2022, Stats., including the premises embraced in this lease, he became vested with the title and right of possession of such property and assets as liquidating agent for the benefit primarily of the trust company’s creditors. Citizens S. & T. Co.…
2Cases cited3 opinions
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Gazlay v. WilliamsSupreme Court of the United States · 1908
- Citizens Savings & Trust Co. v. RogersWisconsin Supreme Court · 1916
3Cited by6 opinions
- Lincoln Fireproof Warehouse Co. v. GreuselWisconsin Supreme Court · 1929
- Montana Consolidated Mines Corp. v. O'ConnellMontana Supreme Court · 1938
- United States v. ParkerDistrict Court, W.D. Wisconsin · 1925
- Admanco, Inc. v. 700 Stanton Drive, LLCCourt of Appeals of Wisconsin · 2009
- ADMANCO, INC. EX REL. POLSKY v. StantonCourt of Appeals of Wisconsin · 2009
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