Crook v. First National Bank of Baraboo
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. The- appellant, in his capacity as administrator of the estate of Lucretia Austin, deceased, brought this suit against the respondent, alleging that prior to and at the time of her death there was deposited in the defendant bank, of the ¡moneys of the said Lucretia Austin, and to her credit, the sum of $4,504.70, which sum it was alleged was due and. owing to her, the said Lucretia Austin, from the defendant bank, at the time of…
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APPEAL from the Circuit Court for Sauk County. The- appellant, in his capacity as administrator of the estate of Lucretia Austin, deceased, brought this suit against the respondent, alleging that prior to and at the time of her death there was deposited in the defendant bank, of the ¡moneys of the said Lucretia Austin, and to her credit, the sum of $4,504.70, which sum it was alleged was due and. owing to her, the said Lucretia Austin, from the defendant bank, at the time of her death, but the defendant still has has holds it, and on demand of plaintiff has refused to pay the same. The answer…
1Opinion of the CourtPinney, J.
1. The receipt set out in evidence given by the bank to Lucretia Austin for the four bonds and $221 in coupons, the former to be sold and the latter to be collected, and the proceeds to be placed, to her credit, was more than a mere receipt-. It was of a contractual character, defining the duty of the bank in the premises, and was the sole evidence which Mrs. Austin had to establish her right to the fund produced by the sale of the bonds and collection of the coupons. The bank, upon such sale and collection, became her debtor for the amount. The receipt was in the nature of a certificate of…
2Cases cited21 opinions
- Basket v. HassellSupreme Court of the United States · 1883
- Ridden v. . ThrallNew York Court of Appeals · 1891
- Terry v. . MungerNew York Court of Appeals · 1890
- Morris v. . RexfordNew York Court of Appeals · 1859
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
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3Cited by49 opinions
- Perkins v. Benguet Consolidated Mining Co.California Court of Appeal · 1942
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- Fuller-Warren Co. v. HarterWisconsin Supreme Court · 1901
- Opitz v. KarelWisconsin Supreme Court · 1903
- Jackson v. LamarWashington Supreme Court · 1912
44 more not listed; retrieve them via the Exa API.