In re Plankinton Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The petitioner, John II. Van Dyke, sought to have the sum of $15,871.30, collected and held in trust by Frederick Day for him, and by him deposited in the Plankinton Bank, with interest, ordered and adjudged to be paid to the petitioner by William Plankinton, the assignee, out of the assets of the Plankinton Bank in his hands as such assignee, in preference to all other creditors of the bank, or, if not so paid, then, as a…
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APPEAL from the Circuit Court for Milwaukee County. The petitioner, John II. Van Dyke, sought to have the sum of $15,871.30, collected and held in trust by Frederick Day for him, and by him deposited in the Plankinton Bank, with interest, ordered and adjudged to be paid to the petitioner by William Plankinton, the assignee, out of the assets of the Plankinton Bank in his hands as such assignee, in preference to all other creditors of the bank, or, if not so paid, then, as a general creditor of said bank, equally with its other creditors, etc. The case was heard upon stipulated facts, in…
1Opinion of the CourtPinney, J.
1. It is perfectly well settled that the mere fact that an officer of a corporation acquires knowledge of facts when not acting for it does not charge or affect the corporation with knowledge of those facts in any transaction between such officer and the corporation in respect to which he acts solely for and represents his own interests. "Where an officer or agent of the corporation himself deals with the corporation, it will not be charged with notice of the information which he possesses relating to the transaction, and which he does not disclose; for the reason that in such case he does…
2Cases cited12 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Cragie v. . HadleyNew York Court of Appeals · 1885
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
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3Cited by19 opinions
- Burnham v. BarthWisconsin Supreme Court · 1895
- Comerford v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1921
- Heidelbach v. CampbellWashington Supreme Court · 1917
- Tyler County State Bank v. ShiversTexas Commission of Appeals · 1928
- Bromley v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Wisconsin Supreme Court · 1899
14 more not listed; retrieve them via the Exa API.