Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1896-01-30
OPINIONS HANDED DOWN BY THE
SUPREME COURT
ANOTHER lAPPsN LAW SUIT
Priority OF Robert INNS Claim At
tirmed--P erriyo Park Land ASSESS
ment Case Decided AGAINST Mil
waukce- IN Opinion in Matter
Arising rom Henry Fink's Failure.


was one growing ont OF the Frank \
i.appcu failure. In this case the iudg-
me OF the lower court in favor of
Robert Hill, formerly vice president of
the Wisconsin National bank of Mil
waukce was affirmed Henry W. John
son, Reuben A. Hitchcock and philau-
der Derby were plaintiffs and aIrcl
lants, versus Robert Hill defendant
company, G. Il. Tarbcll the rankinton
bank, tn, \, T. Tanner Furniture com
pany, William Plankhllon as assignee
of the Plankinton bank, John Black
4. +. Tanner. Jascp' Buh \. lnudaucr,
benjamin We'll ~ H., Murphy, Charles
NJ, Kip, Frank A. Lappcn, Owen Lap
pen, Jr., and Michael Dunn, sheriff of
milwaukee, county. The appeal was
from an interloeutory Judgment entered
in favor of Robert llill On Dee. "a
1892, A. +. Tanner. as secretary OF the
cooperation, executed and delivered to
the Wisconsin National bank of Mil
waukee in the name of the Lappen
Furniture company, promissory note
endorsed by Frank Lappen, as prest-
dent for $4,000. payable in four
months after date with interest At !
per cent per annum after maturity.
simultaneously Herewith Frank Lap
pen delivered to the bank Il power OF
attorney in writing, signed by him as
president, in the name of the company,
but not under its seal. authorizing 4
Judgment of confession for the amount
of the note at or before its maturity.
Robert HIN, Nice-prcsident and Genral
manager of the bank, bought the note,
and it being unpaid at maturity he
had Judgment by confession entered in
his favor against the company. On
May T., 1898, the sheriff levied upon the
goods and chattels of the company,
which were later sold and the iudg-
ment satisfied with portion of the pro
Cccds, In the meantime, the appel
lants secured Judgment against the
l-appen company for several hundred
dollars and brought suit against nm
to compel him to refund the money he
receive. from the sale of the LappCn
cCmpanN'S property on the ground
that the note was fraudulent and void.
The lower court ruled against them and
the plaintiffs appealed.
In the case of Charles t. Pfstcr,
/ trustee, respondent, vs.. Daniel Wells,
Ir implicated with John II. Tesch and
Geo. NJ. Wakefield. appellant, the order
of the circuit court of Milwaukee
county striking out his separate an
! swer in the action was reversed The
action was brought by Mr. ptistcr,
trustee, holding as collateral security
! for the creditors of Henry Fink a num-
Der of shares of stock in mining and
other corporations, asking that the
amount due from Fink to his several
creditors might be determined and ad-
Indicated and praying judgment for
the sale of the stocks and the appIica-
ton of the proceeds to the payment of
the debts The appellant was mae a
party defendant as having acquired
certain rights in the stocks which are
alleged to be subject to the rights Of
the plaintiff. Judgment was asked that
ne be debarred and foreclosCd Of all
right title and interest u and 10 the
stocks The complaint alicgGd that on
or about July /. 1887, Fink was in
dobtcd to Guido PGstcr, Charles Munk
v.t2. Adolph c. Zinn, Christian pTeus-
ser and ~ Joseph Schneider in The
sum Of $685. 600, r'ich with interest be
promised to pay in two years ANA
thirty days, his aureties being John II.
Tcsch George A. Wakefield and w. w
Coleman.
The liability Of the plankinton bank
stockholders came up in the case 0f
Raphael Gienella vs. Frank 6. Blgelow
II. a. }. Upham and Caroline +. James
executors Of the will Of Charles Joseph
Cary. Gianella was a deposition In the
Planknt0n and after it's failure sued
to recover from the stockholders IN
der the statute Of liabilities, The de-
PENDANTS demurred 10 Gianella's com
plant and Judge Johnson overrulei the
demurrer. The defendants then ap-
peaed and the supreme court dismissal
the order Of the lower court
Or. Wurdemann, OF Milwaukee, viii
receive the $1O9.70 judgment awarded
him BY the circuit court for protes
sional services in the treatment Of a
son Of James Barnes, whose eyes were
injured b. the explosion Of dynamite
cartridge Barnes filed counter claim
for $4,000 damages because Of the al
legged unskillful treatment Of the boy
VINO lost the sight Of one eye, while
The sight Of the other, he claimed, waa
permanently injured.
John ]. McAuliffe, as assignee Of Wal
liam Bormann, appealed from an order
Of the circuit court Of Milwaukee Va
eating an order allowing the final ac-
count Of the assignee In order TO per-
nit the Commercial bank, the j, H.
Silkman Lumber company and others
TO file objections TO the assignee's &C
count. The lower courts order was
affirmed.
The garbage question Of Milwaukee
was recalled by the decision UNFOLDING
the city demurrer In the case brought