Legal Opinion

Hinkson v. Sauthoff

Wisconsin Supreme Court

Decided February 7, 1956PublishedCited by 4 opinions

1Opinion of the CourtCurrie, J.

The instant action for fraud was commenced February 23, 1954, or nearly twenty-one years after the alleged fraudulent sale of the 408 shares of capital stock in the corporation had been made by the executor of the Park E. Hinkson estate to the widow of the deceased. The allegations of fraud set forth in the amended complaint center upon the event of such private sale. The sole issue on this appeal is whether plaintiff’s action is barred by sec. 330.19 (7), Stats.

Such statute imposes a six-year statute of limitations upon án action for fraud but contains the following proviso:

“The cause of…

2Cases cited4 opinions

  1. Ludington v. PattonWisconsin Supreme Court · 1901
  2. O'Dell v. BurnhamWisconsin Supreme Court · 1884
  3. Thom v. SensenbrennerWisconsin Supreme Court · 1933
  4. Gottschalk v. ZieglerWisconsin Supreme Court · 1932

3Cited by4 opinions

  1. Peters v. KellWisconsin Supreme Court · 1960
  2. Milwaukee Western Bank v. LienemannWisconsin Supreme Court · 1961
  3. Becker v. First Wisconsin Trust Co.Wisconsin Supreme Court · 1957
  4. In Re Archdiocese of MilwaukeeUnited States Bankruptcy Court, E.D. Wisconsin · 2012

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