Rippe v. Stogdill
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Grosse County. This is an appeal from an order overruling a demurrer to the complaint in the action.
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APPEAL from the Circuit Court for La Grosse County. This is an appeal from an order overruling a demurrer to the complaint in the action. The allegations of the complaint are sufficiently set forth in the brief of counsel for the ■defendants, as follows: “ The facts stated by the complaint are, briefly, that the ■defendants are copartners and attorneys at law in La Crosse, ■Wisconsin; that on or about the 20th of November, 1874, the plaintiff entered into an arrangement with the defendants by which they agreed to receive money from him and loan the same, as his agents, attorneys, and…
1Opinion of the CourtLyoN, J.
By the complaint under consideration the plaintiff invokes the equitable jurisdiction of the court, and the chief question presented b}' the appeal is, Does it state an equitable as distinguished from a legal cause of action?
We think this question must be answered in the affirmative. The complaint shows that the defendants stood in a fiduciary relation to the plaintiff in respect to the money which they received from him to be loaned. The averment is that the plaintiff intrusted them with his money on the faith of their representations that they were familiar with the value of the lands, on…
2Cases cited2 opinions
- Merrill v. MerrillWisconsin Supreme Court · 1881
- Schwickerath v. LohenWisconsin Supreme Court · 1880
3Cited by8 opinions
- Donald L. Murphy v. White Hen Pantry CompanyCourt of Appeals for the Seventh Circuit · 1982
- Brea v. McGlashanCalifornia Court of Appeal · 1934
- Kritzer v. LancasterCalifornia Court of Appeal · 1950
- Gale v. State InsuranceMissouri Court of Appeals · 1889
- Jones v. Broadway Roller Rink Co.Wisconsin Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.