Heal v. Stoll
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an action for deceit on the alleged false representations of the defendants concerning the value of a note secured by a second mortgage.
Read the full summary
Appeal from a judgment of the circuit court for Clark county: James O’Neill, Circuit Judge. This is an action for deceit on the alleged false representations of the defendants concerning the value of a note secured by a second mortgage. The complaint alleged that the defendant Stoll was the agent of the defendant Schroeder and was duly authorized to' act on behalf of Schroeder in the transaction complained of; that the defendant Stoll had a financial interest in the transaction; that on or about March 31, 1913, Stoll induced the plaintiff to sell his land in Vernon county, Wisconsin, to…
1Opinion of the Court
The following opinion was filed November 15, 1921:
Jones, J.
Defendants’ counsel at the trial demurred to the complaint ore tenns on the ground that it did not state facts sufficient to constitute a cause of action.
It is argued that it did not appear that any steps had been taken to collect the note and second mortgage and hence it did not appear that they might not have been collected in full. For this proposition Foster v. Taggart, 54 Wis. 391, 11 N. W. 793, is relied on, and it is urged that fraud without damage or damage without fraud does not constitute a cause of action.
In that case the…
2Cases cited16 opinions
- The ConquerorSupreme Court of the United States · 1897
- Head v. HargraveSupreme Court of the United States · 1882
- Standard Manufacturing Co. v. SlotWisconsin Supreme Court · 1904
- Miranovitz v. GeeWisconsin Supreme Court · 1916
- Wittenbrock v. ParkerCalifornia Supreme Court · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grube v. DaunCourt of Appeals of Wisconsin · 1992
- United Pacific Insurance Co. v. Martin & Luther General Contractors, Inc.Wyoming Supreme Court · 1969
- Brown v. StateWyoming Supreme Court · 1959
- De Swarte v. First National BankWisconsin Supreme Court · 1926
- First National Bank in Oshkosh v. ScieszinskiWisconsin Supreme Court · 1964
9 more not listed; retrieve them via the Exa API.