Hall v. Bell
Wisconsin Supreme Court
Appeal from an order of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. Equitable action for relief on facts set forth in the complaint, in addition to necessary allegations as to corporate existence of defendants, to the following effect: July 22, 1908, •defendant trust company bad in its possession $4,501 of plaintiff’s money for the purpose of loaning the same in his behalf on gilt-edged, first-lien, real-estate securities, the loans to be on full…
Read the full summary
Appeal from an order of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. Equitable action for relief on facts set forth in the complaint, in addition to necessary allegations as to corporate existence of defendants, to the following effect: July 22, 1908, •defendant trust company bad in its possession $4,501 of plaintiff’s money for the purpose of loaning the same in his behalf on gilt-edged, first-lien, real-estate securities, the loans to be on full title of record to the realty, and, before made, to be passed upon and approved by him. On the 1st day of ■October, 1904,…
1Opinion of the CourtMaRShall, J.
This case is governed by a few well established principles. Tbe first of such principles is this: In testing a complaint on a demurrer for insufficiency, tbe pleading does not necessarily fail because tbe-pleader did not state-facts sufficient for tbe precise cause of action intended, or because be misconceived tbe precise nature of bis cause of action and wrongly denominated it, or because of misapprehension of tbe nature of tbe relief warranted by tbe facts. If tbe pleading, giving it tbe benefit of every reasonable inference, expressly or by such inference., or both, states facts-showing…
2Cases cited11 opinions
- Emerson v. NashWisconsin Supreme Court · 1905
- Morse v. GilmanWisconsin Supreme Court · 1863
- Packard v. KingmanSupreme Court of Iowa · 1860
- Johnson v. SwankeWisconsin Supreme Court · 1906
- Briggs v. . OliverNew York Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- California Trust Co. v. CohnCalifornia Supreme Court · 1932
- Laun v. KippWisconsin Supreme Court · 1914
- Loope v. Greyhound Lines, Inc.California Court of Appeal · 1952
- Lambertson v. National Investment & Finance Co.Supreme Court of Iowa · 1925
- Baker v. BeckerWisconsin Supreme Court · 1913
10 more not listed; retrieve them via the Exa API.