Koelzer v. First National Bank
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wal-worth county: E. B. Beldeb, Circuit Judge. The action was to recover moneys deposited by Jacob Koel-zer in the defendant bank subject to be checked out in the regular course of business. The last transaction between the defendant and the depositor in respect to the account occurred more than six years before the commencement of the action.
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Appeal from a judgment of the circuit court for Wal-worth county: E. B. Beldeb, Circuit Judge. The action was to recover moneys deposited by Jacob Koel-zer in the defendant bank subject to be checked out in the regular course of business. The last transaction between the defendant and the depositor in respect to the account occurred more than six years before the commencement of the action. It was claimed in the complaint and denied by the answer that the balance due after such last transaction was $533.26. A balance at that time of $8.25 was conceded. Plaintiff claimed that a deposit of $525…
1Opinion of the CourtMaeshall, J.
The learned circuit court seems to have applied to the facts of this case the doctrine which prevailed in Curran v. Witter, 68 Wis. 16, 31 N. W. 705. The question there was this: Is a demand for payment of a bank’s written obligation in the form of an ordinary certificate of •deposit essential to a cause of action to recover thereon ? Eor the reason that the relations of the parties to such .an instrument are those of debtor and creditor, and all its characteristics are identical with those of a promissory note payable •on demand, it was held to be such a note and to be governed by the law…
2Cases cited3 opinions
- Curran v. WitterWisconsin Supreme Court · 1887
- Branch v. DawsonSupreme Court of Minnesota · 1885
- Mitchell v. EastonSupreme Court of Minnesota · 1887
3Cited by7 opinions
- Sanders v. Merchants State BankIllinois Supreme Court · 1932
- Ott v. BoringWisconsin Supreme Court · 1907
- Gibraltar Realty Corp. v. Mount Vernon Trust Co.New York Court of Appeals · 1938
- Missouri Pacific Railway Co. v. Continental National Bank of CommerceSupreme Court of Missouri · 1908
- Citizens State Bank v. WordenNebraska Supreme Court · 1914
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