Mitchell Street State Bank v. Froedtert
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county.: Oscar M. Fritz, Circuit Judge. This action was commenced by the plaintiff against the defendants Stephen H. Eller and William Froedtert upon an agreement in writing, a copy of which is set out in the findings of fact. After the commencement of the action William Froedtert died, and the action was revived against his executors. The complaint contains three causes of action.
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Appeal from a judgment of the circuit court for Milwaukee county.: Oscar M. Fritz, Circuit Judge. This action was commenced by the plaintiff against the defendants Stephen H. Eller and William Froedtert upon an agreement in writing, a copy of which is set out in the findings of fact. After the commencement of the action William Froedtert died, and the action was revived against his executors. The complaint contains three causes of action. The first cause of action sets up a right of recovery upon a note of the South Side Lumber Company in the sum of $12,500, dated July 2, 1914; and the second…
1Opinion of the Court
The following opinion was filed February 4, 1919:
Kerwin, J.
The appellants assign seventy-six errors, and favor us with a voluminous brief discussing at great length questions of fact as well as questions of law. We shall not attempt to follow counsel in all the details of their discussion, because we believe the case is ruled by a few propositions, which we shall treat in this opinion.
1. It is argued that a conspiracy existed between Eller and J. F. Egerton, cashier of plaintiff, to defraud Froedtert and the lumber companies. This charge is based mainly upon the contention that the proceeds…
Also in this document: Dissent.
2Cases cited7 opinions
- Henry v. . AllenNew York Court of Appeals · 1896
- Drinkall v. Movius State BankNorth Dakota Supreme Court · 1901
- St. Clair v. RutledgeWisconsin Supreme Court · 1902
- Pelton v. Spider Lake Sawmill & Lumber Co.Wisconsin Supreme Court · 1907
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Associates Financial Services Co. v. EisenbergWisconsin Supreme Court · 1971
- Felman v. Estate of BitkerWisconsin Supreme Court · 1947
- Union Nat. Bank v. Bluff City BankTennessee Supreme Court · 1925
- United States Shoe Corp. v. HackettDistrict Court, E.D. Wisconsin · 1985
- Caroline State Bank v. RadtkeWisconsin Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.