Thomson v. Town of Elton
Wisconsin Supreme Court
Appeal from an order of the circuit court for Langlade county: Jorra Goodlaud, Circuit Judge. Action for money had' and received, the following facts being stated in the complaint as constituting plaintiff’s cause of action, formal parts omitted: On June 18, 1894, the chairman and cleric of the defendant town, for the purpose of obtaining for it from Frances E. Babcock a loan of $3,000, represented to her that they were duly authorized by such town to obtain such a loan on…
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Appeal from an order of the circuit court for Langlade county: Jorra Goodlaud, Circuit Judge. Action for money had' and received, the following facts being stated in the complaint as constituting plaintiff’s cause of action, formal parts omitted: On June 18, 1894, the chairman and cleric of the defendant town, for the purpose of obtaining for it from Frances E. Babcock a loan of $3,000, represented to her that they were duly authorized by such town to obtain such a loan on five years time at eight pen cent, interest per annum payable annually, and that the money when obtained would be used…
1Opinion of the CourtMaeshall, J.
It is considered that this case is ruled against appellant by Paul v. Kenosha, 22 Wis. 266, Smith v. Barron Co. 44 Wis. 686, Brodhead v. Milwaukee, 19 Wis. 624, and Lafebre v. Board of Education, 81 Wis. 660, — particularly by the first and last of such cases. The principle of those cases is that municipalities are bound by moral obligations, as well as individuals, and that where, in case of the latter, such an obligation will give rise to a legal liability, it may have the same effect as to a municipality; that if a municipality obtains money of a person by an illegal sale of property to…
2Cases cited16 opinions
- Louisiana v. WoodSupreme Court of the United States · 1880
- Salt Lake City v. HollisterSupreme Court of the United States · 1886
- Brodhead v. City of MilwaukeeWisconsin Supreme Court · 1865
- Zinc Carbonate Co. v. First National Bank of ShullsburgWisconsin Supreme Court · 1899
- Read v. PlattsmouthSupreme Court of the United States · 1883
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3Cited by34 opinions
- First National Bank v. Village of GoodhueSupreme Court of Minnesota · 1913
- Shulse v. City of MayvilleWisconsin Supreme Court · 1937
- Balch v. BeachWisconsin Supreme Court · 1903
- State v. City of MilwaukeeWisconsin Supreme Court · 1911
- McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
29 more not listed; retrieve them via the Exa API.