Lowe v. Ring
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Olark -county: E. W. Helks, Judge. This action was commenced December 31, 1897, to recover till© amount due upon two promissory notes, — one for $1,500, executed by the defendant November 3, 1891, and the other for $485.88, executed by the defendant and another, severally, June 2, 1892, and which notes had been transferred to the plaintiff by the Clark County Bank before the commencement of this action.
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Appeal from a judgment of the circuit court for Olark -county: E. W. Helks, Judge. This action was commenced December 31, 1897, to recover till© amount due upon two promissory notes, — one for $1,500, executed by the defendant November 3, 1891, and the other for $485.88, executed by the defendant and another, severally, June 2, 1892, and which notes had been transferred to the plaintiff by the Clark County Bank before the commencement of this action. The defendant answered by way of admissions, denials, and counter allegations, and, among other things, alleged, by way of setoff and…
1Opinion of the Court
Cassoday, O. J.
On the former appeal it was held that:
“Where services are rendered to a corporation by one of its officers, which are clearly outside of his official duties, a recovery may be had therefor under implied contract, if the circumstances be such as to fairly imply that it was expected that the services were to be paid for.” Lowe v. Ring, 106 Wis. 647, 82 N. W. 571.
In that case it was further held that:
“Where a bank is creditor of the estate of a decedent, and vitally interested in a wise administration thereof, it may contract, either expressly or by implication, to pay one of its…
2Cases cited9 opinions
- Ford v. HillWisconsin Supreme Court · 1896
- Winterfield v. Cream City of Brewing CompanyWisconsin Supreme Court · 1897
- St. Clair v. RutledgeWisconsin Supreme Court · 1902
- Ballston Spa Bank v. Marine BankWisconsin Supreme Court · 1862
- McCabe v. Board of CommissionersIndiana Supreme Court · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lowe v. RingWisconsin Supreme Court · 1913
- Burke v. Sidra Bay Co.Wisconsin Supreme Court · 1902
- Shequin v. ShequinWisconsin Supreme Court · 1915
- Diederich v. Wisconsin Wood Products, Inc.Wisconsin Supreme Court · 1945