Gilbert Paper Co. v. Whiting Paper Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buketell, Circuit Judge. On June 6, 1902, the Milwaukee Lithographing & Engraving Company, principal defendant, being indebted to a large number of persons — but whether solvent or insolvent, the record is silent — delivered to the garnishee, Eritz, its check for •$5,000, accompanied by the following communication: “Milwaukee, Wis., 6|20|02. '“Oscar M. Fritz, Esq., Milwaukee, Wis.— “Dear Sir: Pursuant…
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Appeal from a judgment of the circuit court for Winnebago county: Geo. W. Buketell, Circuit Judge. On June 6, 1902, the Milwaukee Lithographing & Engraving Company, principal defendant, being indebted to a large number of persons — but whether solvent or insolvent, the record is silent — delivered to the garnishee, Eritz, its check for •$5,000, accompanied by the following communication: “Milwaukee, Wis., 6|20|02. '“Oscar M. Fritz, Esq., Milwaukee, Wis.— “Dear Sir: Pursuant to authority duly conferred by the board of stockholders, as well as the board of directors, there is hereby assigned to…
1Opinion of the CourtDodge, J.
The first question which presents itself is whether the money placed in Eritz’s hands, accompanied by the writing set forth in the statement of facts, remained the money of the principal defendant, subject to its control, direction, and recall, or whether it was so transferred to Eritz as an individual, distinct from the corporation, to hold for the benefit of the persons named as recipients, that they acquired rights therein as against him. This subject is considerably confused in respondent’s brief by the citation of numerous authorities declaring the right of revocation and recall to exist…
2Cases cited11 opinions
- Tweeddale v. TweeddaleWisconsin Supreme Court · 1903
- Winner v. HoytWisconsin Supreme Court · 1886
- Security National Bank v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Cribb v. Hibbard, Spencer, Bartlett & Co.Wisconsin Supreme Court · 1890
- Greene & Button Co. v. RemingtonWisconsin Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Marr-Piper Co. v. BullisTexas Commission of Appeals · 1928
- Home v. SellingOregon Supreme Court · 1919
- Johnson v. Armstrong & ArmstrongNew Mexico Supreme Court · 1937
- Sedgwick v. BlanchardWisconsin Supreme Court · 1916
- Pobreslo v. Joseph M. Boyd Co.Wisconsin Supreme Court · 1932
4 more not listed; retrieve them via the Exa API.