Borchert v. Borchert
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: ObeeN T. Williams, Circuit Judge. Action for rescission and accounting.
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Appeal from an order of tbe circuit court for Milwaukee county: ObeeN T. Williams, Circuit Judge. Action for rescission and accounting. As alleged in tbe complaint, Wilbelmine Borcbert, an aged lady .so weak, mentally and physically, as to be incapable of conducting any business of ber own free will and by tbe exercise of judgment, residing with ber husband, an aged •man likewise incompetent, — being tbe owner and in possession of real and personal property of about tbe value of $2,000, was unduly influenced and fraudulently persuaded by defendants to convert tbe realty into money and to…
1Opinion of the CourtMarshall, J.
Tbe question presented for decision is this: If a person under contract, in form, with another obtains such other’s personal property of considerable value and converts tbe same into money, and in that form retains tbe same, threatening, however, to place it beyond tbe reach of judicial remedies, and such other by reason of insanity or other cause *596is wholly incompetent to enter into the transaction and dies without regaining capacity to assert and vindicate his rights, and in the meantime such person renders some service and incurs some expense for such other, but in the aggregate not…
2Cases cited9 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Morawetz v. Sun Insurance OfficeWisconsin Supreme Court · 1897
- Johnson v. SwankeWisconsin Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Dowlin v. BoydCourt of Appeals of Texas · 1926
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