Stevens v. Williams

Decided September 26, 1895

Wisconsin Supreme Court · decided 1895-09-26

B. Wyman, Circuit Judge. This was an application by tbe appellant, by petition in tbe matter of tbe voluntary assignment of Mason A. Tbayer, to bave bis claim adjudged a preferred claim and paid in full. Tbe appellant was county treasurer of Monroe county; Tbe respondent is tbe assignee for tbe benefit of creditors of Mason A. Tbayer. Tbayer was a banker at Sparta. Tbe appellant kept some of tbe county’s moneys in Tbayer’s bank, as a general deposit.

Cited by 3 later decisions — most recently September 1901

3 state decisions

Relies on Nonotuck Silk Co. v. Flanders · Burnham v. Barth · Henry v. Martin

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1895-09-26

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NewhaN, J.

¶1This case is ruled, against the appellant, by the following recent cases in this court: Nonotuck Silk Co. v. Flanders, 87 Wis. 237; Henry v. Martin, 88 Wis. 367; Burnham v. Barth, 89 Wis. 362; Thuemmler v. Barth, 89 Wis. 381; Henika v. Heinemann, 90 Wis. 478; Gianella v. Momsen, 90 Wis. 476. By the same method and amount of proof it can be shown, with equal directness and certainty, that this fund is the particular money of each one of the several creditors of the insolvent bank. Because each one of the several creditors cannot in the nature of things have the entire fund, each must be content with his own fair share' of it.

¶2By the Court.— The order of the circuit court is affirmed.