Douville v. Merrick
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that’ plaintiff deposited $500 with defendant (an attorney-at-law), upon an agreement that the latter should immediately commence an action of divorce against plaintiff in behalf of his wife (who was present when such agreement was made); that defendant undertook to procure such divorce within thirty days, and agreed to hold said money until the decree should be procured, and then deliver it to the…
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APPEAL from the Circuit Court for Milwaukee County. The complaint alleges that’ plaintiff deposited $500 with defendant (an attorney-at-law), upon an agreement that the latter should immediately commence an action of divorce against plaintiff in behalf of his wife (who was present when such agreement was made); that defendant undertook to procure such divorce within thirty days, and agreed to hold said money until the decree should be procured, and then deliver it to the wife as alimony ; and that defendant has refused to commence such divorce suit, though the thirty days have elapsed, and…
1Opinion of the CourtDixok, C. J.
The consideration for which the plaintiff deposited with or paid the money to the defendant has entirely failed, or rather there was never any consideration ; and he is entitled to have it restored to him. The idea that the defendant can retain the money upon the void or illegal agreement between the plaintiff and his wife for procuring a judgment of divorce, and which the defendant, as their attorney, advised, is not to be tolerated. He cannot do so. The complaint states a good cause of action, and the demurrer was properly overruled.
It is objected, that, upon overruling the demurrer, the…
2Cited by6 opinions
- Kiewert v. RindskopfWisconsin Supreme Court · 1879
- Whereatt v. EllisWisconsin Supreme Court · 1887
- Heckman v. SwartzWisconsin Supreme Court · 1880
- Federal Land Bank v. OlsonWisconsin Supreme Court · 1941
- Stark v. Huber Manufacturing Co.Wisconsin Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.