96 Wis. 166 | Wis. | 1897
The only question presented by this appeal is whether the findings of the trial court are sufficiently supported by the evidence. If they are so supported, they cannot be overthrown here. The burden was on the petitioner to satisfy the trial court, by evidence, of the truth of his contention. He failed to so satisfy the court. The findings of the trial court cannot be disturbed here unless it is made to appear to this court that the evidence produced in the trial court was so strong and cogent as that the trial court ought, reasonably, to have been convinced by it. For it is well established by a long and uniform line of decisions that this court will not reverse the findings of the trial court, or of a referee, unless they are clearly against the preponderance of the evidence. This rule applies to all trials by the court or a referee, in equitable as well as in legal actions. Ely v. Daily, 40 Wis. 52; Norris v. Persons, 49 Wis. 101; Stanley v. Risse, 49 Wis. 219; Gœtz v. Salomon, 55 Wis. 310; Althouse v. Baldwin, 56 Wis. 398; Anderson v. Wehe, 62 Wis, 401; Bruce v. Miller, 72 Wis. 404; Zimmerman v. Chambers, 79 Wis. 20; Hosmer v. McDonald, 80 Wis. 54; La Coursier v. Russell, 82 Wis. 265. The rule applies as well where the testimony, as in this case, is taken by a referee and reported to the court. Ely v. Daily, supra; Hosmer v. McDonald, supra. If the force of this rule were better realized by the profession, it would prevent many fruitless appeals.
There is indeed very little, if any, evidence to show that,
' Had the bank reasonable cause to believe that Day was insolvent? The bank, of course, knew of Day’s large indebtedness to it. But it did not know of any considerable indebtedness which he owed elsewhere, or that he was incurring indebtedness elsewhere. It knew that he was a man of large property and was doing a large business. It knew that he owned a large amount of lands in the states of Minnesota and the Dakotas, which were estimated to be of large value. And while it knew that he did not meet promptly his obligations to it, and that he was probably unable to do so in the usual course of his business, it was yet willing to take his securities. For it no doubt believed that the value of his property exceeded the amount of his debts by a wide margin, and would be sufficient, with proper management, to pay all his debts, without insolvency. Day himself estimated the excess of his property above his debts at above
By the Cowrt.— The order of the circuit court is affirmed.