Guichard v. Brande
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaul&ee County. Action to recover moneys collected by the defendant as attorney for the plaintiff. The answer alleges payment. The facts are stated in the opinion. The court directed the jury to return a verdict for the plaintiff, and from the judgment entered on such verdict the defendant appealed.
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APPEAL from the Circuit Court for Milwaul&ee County. Action to recover moneys collected by the defendant as attorney for the plaintiff. The answer alleges payment. The facts are stated in the opinion. The court directed the jury to return a verdict for the plaintiff, and from the judgment entered on such verdict the defendant appealed. On the question of estoppel they cited: Continental Banlc v. National Banlc, 50 N. Y., 575; Oasco Bank v. Keene, 53 Me., 103; Blavr v. Wait, 69 N. Y., 114; Racine Oo. Bank v. Lathrop, 12 Wis., '466.
1Opinion of the CourtCole, C. J.
1. We do not see that the doctrine of novation has any just application to the facts of this pase, even if that defense had been relied on in the answer, as it is not. It is admitted that the defendant collected for the plaintiff $1,156.69 on what is called the Scott mortgage. While this money was in the defendant’s possession, the plaintiff saw Thiers, who had an office in the same room with defendant, and had formerly been- — -if he was not then — defendant’s partner, and entered into an arrangement for exchanging this money .and other securities for the Pennoyer note and mortgage. This…
2Cases cited4 opinions
- Clark v. BillingsIndiana Supreme Court · 1877
- Hosack v. RogersNew York Court of Chancery · 1840
- Atkinson v. HewittWisconsin Supreme Court · 1881
- Mowry v. MosherWisconsin Supreme Court · 1862
3Cited by7 opinions
- In re RansfordCourt of Appeals for the Sixth Circuit · 1912
- Bursinger v. Bank of WatertownWisconsin Supreme Court · 1886
- Husted v. PogueMichigan Supreme Court · 1930
- Spycher v. WernerWisconsin Supreme Court · 1889
- Rietzloff v. GloverWisconsin Supreme Court · 1895
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