Casgrain v. Hamilton
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: E. N. AustiN, Judge. Action to recover money. The complaint charged that the defendant, by virtue of a power of attorney authorizing ¡him so to do, had collected the sum of $8,418.15, being the amount of a judgment recovered by plaintiffs against Milwaukee county, and had failed to pay over the sum of $505.92 of such amount, though demand had been made on him for said sum, “ and that he did then and there…
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Appeal from a judgment of the superior court of Milwaukee county: E. N. AustiN, Judge. Action to recover money. The complaint charged that the defendant, by virtue of a power of attorney authorizing ¡him so to do, had collected the sum of $8,418.15, being the amount of a judgment recovered by plaintiffs against Milwaukee county, and had failed to pay over the sum of $505.92 of such amount, though demand had been made on him for said sum, “ and that he did then and there convert to his own use, and has ever since retained, the said sum of $505.92, to these plaintiffs’ damage $505.92.” Judgment…
1Opinion of the CourtWiNslow, J.
The appellants’ first contention is that the action is not referable. Under the decisions of this court the complaint must be held to state a cause of action upon contract, and not in tort. Although conversion is alleged, it is not charged to be wrongful or unlawful. This exact question was decided in Rawson Mfg. Co. v. Richards, 69 Wis. 643, and discussion is not necessary. The complaint being upon contract, the case is identical, in all essential particulars, with the case of Van Oss v. Synon, 85 Wis. 661, in which an order Of reference was held proper.
Upon the merits of the case it is…
2Cases cited2 opinions
- Rawson Manufacturing Co. v. RichardsWisconsin Supreme Court · 1887
- Van Oss v. SynonWisconsin Supreme Court · 1893
3Cited by3 opinions
- Carroll v. FethersWisconsin Supreme Court · 1899
- German National Bank of Ripon v. Princeton State BankWisconsin Supreme Court · 1906
- W. H. Kiblinger Co. v. Sauk BankWisconsin Supreme Court · 1907