Baker v. First National Bank

Wisconsin Supreme Court

Baker v. First National Bank

133 N.W. 880, 147 Wis. 307, 1911 Wisc. LEXIS 233

DecidedNovember 14, 1911

StatusPublished

This text of 133 N.W. 880 (Baker v. First National Bank) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. First National Bank, 133 N.W. 880, 147 Wis. 307, 1911 Wisc. LEXIS 233 (Wis. 1911).

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Opinion

Winslow, O. J.

A number of interesting questions were discussed in this case, and among them the question whether a man could give an accommodation note to a bant, when he knows or ought to know that it is to be used to swell its apparent assets, and afterwards defeat a recovery thereon by the receiver of the bank, on the ground that the note was without consideration. Upon this question we are not to be understood as expressing any opinion. It is not necessary to do so-in this case. If the note was in fact paid there can, of course, be no further claim made by any one upon it. The court found in this case that it was more than paid out of the sums collected from the collateral which Pederson deposited to secure it. Examination of the bill of exceptions shows that this finding has ample evidence to support it.

By the Court. — Judgment affirmed.

Vinje, J., took no part.

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Winslow, O. J.

A number of interesting questions were discussed in this case, and among them the question whether a man could give an accommodation note to a bant, when he knows or ought to know that it is to be used to swell its apparent assets, and afterwards defeat a recovery thereon by the receiver of the bank, on the ground that the note was without consideration. Upon this question we are not to be understood as expressing any opinion. It is not necessary to do so-in this case. If the note was in fact paid there can, of course, be no further claim made by any one upon it. The court found in this case that it was more than paid out of the sums collected from the collateral which Pederson deposited to secure it. Examination of the bill of exceptions shows that this finding has ample evidence to support it.

By the Court. — Judgment affirmed.

Vinje, J., took no part.

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Bluebook (online)

133 N.W. 880, 147 Wis. 307, 1911 Wisc. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-first-national-bank-wis-1911.