Ott v. Hood
Wisconsin Supreme Court
'Appeal from an order of the circuit court for La Crosse county: E. C. Higbbe, Circuit Judge. Action to recover on contract. The complaint is to this, effect: The plaintiff delivered to defendant, an attorney at law, practicing the profession thereof in La Crosse, Wisconsin, a promissory note for collection.
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'Appeal from an order of the circuit court for La Crosse county: E. C. Higbbe, Circuit Judge. Action to recover on contract. The complaint is to this, effect: The plaintiff delivered to defendant, an attorney at law, practicing the profession thereof in La Crosse, Wisconsin, a promissory note for collection. July 28, 1892, he collected thereon $200. He repeatedly, thereafter, represented that he had not been able to collect anything on the note, and plaintiff did not know to the contrary until November 15, 1910. She then demanded payment of the defendant, which was refused. Defendant demurred…
1Opinion of the Court
Maeshalx,, J.
The complaint plainly stated a cause of action on contract accrued to plaintiff more than sis years before the commencement of the action. A demand was not necessary to perfect such cause, provided defendant had a reasonable time to account to his client. It ripened as soon as the attorney breached his duty inhering in his agreement to remit to plaintiff the proceeds of the note, or notify her of readiness to pay within a reasonable time after the money was received. That is elementary. Mechem, Agency, § 530.
It is often said, in'adjudicated cases of this kind, that no cause of…
2Cases cited10 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Rowell v. SmithWisconsin Supreme Court · 1905
- Boyd v. Mutual Fire Ass'nWisconsin Supreme Court · 1903
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Pietsch v. MilbrathWisconsin Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
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- Peters v. KellWisconsin Supreme Court · 1960
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