Banking Comm'n of Wis. v. Magnin

CourtUnited States State Supreme Court of Wisconsin
Writing for the CourtFAIRCHILD
Citation239 Wis. 40,300 N.W. 742
Decision Date04 November 1941
PartiesBANKING COMMISSION of Wisconsin, as Statutory Receiver for State Bank of Oconto Falls, a Delinquent Banking Corp., Appellant, v. JOHN E. MAGNIN, Respondent.

239 Wis. 40
300 N.W. 742

BANKING COMMISSION of Wisconsin, as Statutory Receiver for State Bank of Oconto Falls, a Delinquent Banking Corp., Appellant,
v.
JOHN E. MAGNIN, Respondent.

Supreme Court of Wisconsin.

Nov. 4, 1941.


Appeal from an order of the Circuit Court for Oconto County; Arold F. Murphy, Judge.

Reversed.

*742Action commenced July 24, 1940, by the Banking Commission of Wisconsin as statutory receiver of the State Bank of Oconto Falls, a delinquent banking corporation, against John E. Magnin, to recover on notes executed by the defendant. From an order sustaining defendant's demurrer to the complaint, plaintiff appeals.

Alk, Kresky, Cohen & Hughes, of Green Bay, for appellant.

Lehner & Lehner, Adolph P. Lehner and Howard W. Eslien, all of Oconto Falls, and Orville S. Luckenbach, of Shawano, for respondent.


FAIRCHILD, Justice.

The essential facts in this case are identical with those in Banking Commission v. Magnin, 300 N.W. 740, decided herewith, and the rules of law applicable there are likewise decisive of this case. Both cases were briefed and argued together. The order must be reversed.

Order reversed, and cause remanded for further proceedings according to law.

NELSON, J., not participating.

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