First National Bank of Milwaukee v. Finck
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Jonnsorr, Circuit Judge. This is an action in equity to foreclose a lien of the plaintiff upon certain stocks which had been pledged to the plaintiff by the defendants Finale and Meyer, and by the defendant Meyer alone.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Jonnsorr, Circuit Judge. This is an action in equity to foreclose a lien of the plaintiff upon certain stocks which had been pledged to the plaintiff by the defendants Finale and Meyer, and by the defendant Meyer alone. The facts appearing upon the trial were, in substance, as follows: Prior to Jatíuary 1,1896, Meyer and Finale were partners, and, as such, borrowed money of the plaintiff bank to the amount of $17,000, for which they gave their firm notes. The firm was dissolved January 1, 1896; but these notes were not…
1Opinion of the CourtWinslow, J.
The appellant’s contentions are (1) that he became a surety only for the payment of the joint notes, and that he was discharged because the bank allowed Meyer to withdraw and nse one half of the assets of the Globe Trading Company, whose stock was pledged for such notes; (2) that the §41,000 note was taken in payment of the joint notes, and extinguished them; (3) that the judgment upon the $41,000 note was a bar to an action on the joint notes; (4) that, in any event, the $10,000 made upon execution against Meyer should be applied pro rata on the joint debt and on the individual debt, and…
2Cases cited14 opinions
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Bridenbecker v. LowellNew York Supreme Court · 1860
- California National Bank v. GintyCalifornia Supreme Court · 1895
- Williamson v. NeevesWisconsin Supreme Court · 1897
- Mathews v. SwitzlerSupreme Court of Missouri · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. GollonCourt of Appeals of Wisconsin · 1983
- Navine v. PeltierWisconsin Supreme Court · 1970
- Wisconsin Trust Co. v. CousinsWisconsin Supreme Court · 1920
- Hammel v. Ziegler Financing Corp.Court of Appeals of Wisconsin · 1983
- Dean & Co. v. CollinsNorth Dakota Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.