Citizens' Loan & Trust Co v. Holmes
Wisconsin Supreme Court
Appeals from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. This action was commenced January 4, 1901, to set asid© a deed of gift and order alleged to bave been executed by tbe plaintiff’s intestate December 1, 1899, to tbe- defendant, of $166,258 in United States bonds and certificates of deposit then held for safe-keeping by John Johnston, cashier of the Wisconsin Marine & Eire Insurance Company Bank, at Milwaukee, on the ground…
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Appeals from a judgment of tbe circuit court for Milwaukee county: WaeeeN D. TaeeaNt, Circuit Judge. This action was commenced January 4, 1901, to set asid© a deed of gift and order alleged to bave been executed by tbe plaintiff’s intestate December 1, 1899, to tbe- defendant, of $166,258 in United States bonds and certificates of deposit then held for safe-keeping by John Johnston, cashier of the Wisconsin Marine & Eire Insurance Company Bank, at Milwaukee, on the ground that such deed of gift and order bad' been procured by the defendant by fraud and' undue influence, and at a time when tbe…
1Opinion of the CourtOassoday, C. J.
It is claimed on the part of the plaintiff that at the time of executing the deed of gift and the order upon the cashier of the bank to deliver the bonds and certificates of deposit to the defendant, December 7, 1899, the deceased was mentally incompetent to comprehend the business in which he was then engaged. The trial court, after hearing all the evidence, found to the contrary; and the question is whether such finding is against the clear preponderance of the evidence. The evidence bearing upon that question was-almost wholly from witnesses produced on the part of the defendant, who had…
2Cases cited2 opinions
- Kellogg v. AdamsWisconsin Supreme Court · 1881
- Williams v. HoehleWisconsin Supreme Court · 1897
3Cited by1 opinion
- Vance v. DavisWisconsin Supreme Court · 1903