Wisconsin Trust Co. v. Cousins

Wisconsin Supreme Court
Wisconsin Trust Co. v. Cousins, 172 Wis. 511 (Wis. 1920)
179 N.W. 811; 1920 Wisc. LEXIS 273
Esci, Iweiler, Rosenberry, Siebecker

Wisconsin Trust Co. v. Cousins

Opinion of the Court

The following opinion was filed July 17, 1920:

Esci-iweiler, J.

The same situation is presented on this appeal as in the preceding case of Julia C. Sharpe against the same defendant, and the ruling there and in the preceding case of Wisconsin Trust Co. v. Cousins, ante, p. 486, 179 N. W. 801, must control.

There having been no claim for this particular item filed with the commissioner of banking, it could not be properly interposed in the complaint in this action. For that reason the portion of the judgment appealed from must be reversed.

By the Court. — So much of the judgment as is appealed from is reversed, and the action remanded with directions to modify the judgment in accordance herewith.

Siebecker, C. J., and Rosenberry, J., dissent.

A motion for a rehearing was denied, with $25 costs, on November 16, 1920.

Reference

Full Case Name
Wisconsin Trust Company and another, Executors, etc. v. Cousins, Commissioner of Banking, imp.
Status
Published