Thuemmler v. Barth
Wisconsin Supreme Court
Appeal from an order of tbe superior court of Milwaukee county: J. 0. Ludwig, Judge. An action was commenced July 24, 1893, against tbe South Side Savings Bank, for tbe purpose of winding up its affairs on account of its insolvency, and tbe above-named appellant was appointed receiver, and qualified as sucb.
Read the full summary
Appeal from an order of tbe superior court of Milwaukee county: J. 0. Ludwig, Judge. An action was commenced July 24, 1893, against tbe South Side Savings Bank, for tbe purpose of winding up its affairs on account of its insolvency, and tbe above-named appellant was appointed receiver, and qualified as sucb. September 2, 1893, tbe respondent filed an intervening petition in said action, claiming, in substance, that on the 19th of July, 1893, she received a draft for $1,000 upon tbe treasurer of Security Lodge No. 672 of tbe Knights of Honor, which at that time she left with tbe officers of…
1Opinion of the CourtPiNNEr, J.
Tbe South Side Savings Bank having received tbe draft in question, from tbe petitioner for collection, it acquired no title to it or its proceeds; and if, in violation of its trust, it so dealt with the draft that it came to tbe possession of tbe American Exchange National Bank, and it received tbe proceeds of it, and converted them by applying them in part payment of its account against tbe first-named bank, while this would give tbe petitioner a right of action for tbe conversion, it would not, of itself, afford any ground for tbe relief she seeks, namely, to obtain a better position, as a…
2Cases cited6 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- In re Plankinton BankWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
- Bellevue State Bank v. CoffinIdaho Supreme Court · 1912
- Bromley v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Wisconsin Supreme Court · 1899
- Hyland v. RoeWisconsin Supreme Court · 1901
- Dowie v. HumphreyWisconsin Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.