Hyland v. Roe
Wisconsin Supreme Court
Appeal from an order of the circuit court for Dane county: R. G. SiebeceeR, Circuit Judge. The Dane County Bank was a banking corporation doing business at Stoughton, Wisconsin. The bank became insolvent, and at the suit of Sylvanus Ames and others a receiver was appointed to wind up its affairs. The appellant had a claim against the bank, and presented his petition to the court asking for an order requiring the receiver to pay over to him certain funds in his hands.
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Appeal from an order of the circuit court for Dane county: R. G. SiebeceeR, Circuit Judge. The Dane County Bank was a banking corporation doing business at Stoughton, Wisconsin. The bank became insolvent, and at the suit of Sylvanus Ames and others a receiver was appointed to wind up its affairs. The appellant had a claim against the bank, and presented his petition to the court asking for an order requiring the receiver to pay over to him certain funds in his hands. The receiver demurred to the petition on the ground that it did not state facts sufficient to entitle him to relief. The…
1Opinion of the CourtBaRdeen, J.
The first point made against the sufficiency of the petition is that there is no sufficient averment of fraud to authorize a rescission of the transaction. The facts show that the bank was a going concern, and had been for some years, transacting a large business and receiving large sums for deposit; that it was conducted by its -president, O. M. Turner, who had the confidence of the people in and about the city of Stoughton; that it was advertised by said bank and its officers that it was a safe banking institution; that from time to time the claimant had done business with the bank, and…
2Cases cited15 opinions
- St. Louis & San Francisco Railway Co. v. JohnstonSupreme Court of the United States · 1890
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Baker v. StateWisconsin Supreme Court · 1882
- Burnham v. BarthWisconsin Supreme Court · 1895
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3Cited by11 opinions
- Widman v. KelloggNorth Dakota Supreme Court · 1911
- Hansen v. AllenWisconsin Supreme Court · 1903
- Boyle v. Northwestern National BankWisconsin Supreme Court · 1905
- Union State Bank v. Peoples State BankWisconsin Supreme Court · 1927
- Hughes v. MartinSupreme Court of Oklahoma · 1921
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