Boyle v. Northwestern National Bank
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas •county: Chaet.es Smith, Judge. Tbis action was brought by tbe plaintiff and tbe five inter-veners to recover from tbe defendant banks, or one of them, moneys realized as tbe proceeds of grain and flax sold for them, or some of them, on commission by E. Scbwedler, between September 6, 1901, and February 10, 1902, and by bim deposited in tbe Northwestern National Bank of Superior, and wbicb bank sold and transferred all…
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Appeal from a judgment of tbe superior court of Douglas •county: Chaet.es Smith, Judge. Tbis action was brought by tbe plaintiff and tbe five inter-veners to recover from tbe defendant banks, or one of them, moneys realized as tbe proceeds of grain and flax sold for them, or some of them, on commission by E. Scbwedler, between September 6, 1901, and February 10, 1902, and by bim deposited in tbe Northwestern National Bank of Superior, and wbicb bank sold and transferred all its assets to tbe First National Bank of Superior, wbicb assumed all liabilities September 22, 1902. Tbe facts are…
1Opinion of the Court
Tbe following opinion was filed June 23, 1905:
Cassoday, C. J.
1. Under tbe findings of tbe court and tbe evidence, tbe commission business in which Mr. Schwed-ler was engaged from September 6, 1901, to February 10, 1902, must be regarded as bis personal business and not a continuation of tbe business of tbe old grain corporation of *506which he had previously been the president, and which corporation was indebted to the bant during the time mentioned in the sum of $4,000. It appears from the findings and is undisputed, that the moneys received from time to time by Mr. Schwedler on the sale of…
2Cases cited9 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Union Stock Yards Bank v. GillespieSupreme Court of the United States · 1890
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Burnham v. BarthWisconsin Supreme Court · 1895
- Treat v. HilesWisconsin Supreme Court · 1892
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- Emigh v. EarlingWisconsin Supreme Court · 1908
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