Burnham v. Barth
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwio, Judge. An action was commenced July 24,1893, against the South Side Savings Bank, a banking corporation, for the purpose of winding up its affairs, on account of its insolvency, pursuant to the statute in such case made ‘and provided; and ■John Barth, the appellant, was appointed receiver of the bank.
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Appeal from a judgment of tbe superior court of Milwaukee county: J. C. Ludwio, Judge. An action was commenced July 24,1893, against the South Side Savings Bank, a banking corporation, for the purpose of winding up its affairs, on account of its insolvency, pursuant to the statute in such case made ‘and provided; and ■John Barth, the appellant, was appointed receiver of the bank. October 12,1893, John Q. Bwmham, petitioner and respondent, filed an intervening petition in. the action, as the general guardian of the minor children and heirs at law of Thomas Stearns, deceased, claiming a lien…
1Opinion of the CourtPiNNEV, J.
Since the decision of this court in the case of Nonotuck Silk Co. v. Flanders, 87 Wis. 237, and In re Plankinton Bank, 87 Wis. 385, it must be regarded as settled, in this state at least, that, in order that the beneficiary or owner of a trust fund may be able to regain it out of the estate of a defaulting and insolvent trustee, he must be able to trace it into, and satisfactorily identify it in, the hands of the assignee or receiver of his estate, or its substitute or substantial equivalent; that when the trust fund has been dissipated, or so confounded and mixed up with the property and…
2Cases cited7 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Little v. ChadwickMassachusetts Supreme Judicial Court · 1890
- Slater v. the Oriental MillsSupreme Court of Rhode Island · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Standard Oil Co. of Ky. v. HawkinsCourt of Appeals for the Seventh Circuit · 1896
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
- Lowe v. JonesMassachusetts Supreme Judicial Court · 1906
- Bank Commissioners v. Security Trust Co.Supreme Court of New Hampshire · 1900
22 more not listed; retrieve them via the Exa API.