Brossard v. Williams
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Ashland county: JohN K. Parish, Circuit Judge. The plaintiff brings this action as administrator of the ■estate of D. A. Williams, deceased. The complaint shows the •death of Williams intestate, and plaintiff’s appointment and qualification as administrator.
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Appeal from an order of tbe circuit court for Ashland county: JohN K. Parish, Circuit Judge. The plaintiff brings this action as administrator of the ■estate of D. A. Williams, deceased. The complaint shows the •death of Williams intestate, and plaintiff’s appointment and qualification as administrator. It then says that the Ashland News Company, a corporation, executed notes and a chattel mortgage to one John Thompson, for $1,500. These notes ■•and mortgage were duly assigned to Ella V. Williams. On December 18, 1894, said corporation paid upon said notes and mortgage the sum of $503.32 to…
1Opinion of the CourtBabdebN, J.
1. Tbe defendant insists tbe complaint is insufficient, because it fails to allege a demand upon defendant before tbe commencement of suit. It is alleged tbat “tbe defendant refuses, and bas ever refused, to account for or pay over” tbe indebtedness sued for. Defendant’s contention is completely answered by tbe case of Divan v. Loomis, 68 Wis. 150, 31 N. W. 760, in wbicb it is said: “An allegation of refusal implies a previous demand, and is equivalent to an allegation of a demand and a refusal.”
2. Tbe second point urged by defendant is tbat tbe plaintiff bas no legal capacity to sue, for tbe…
2Cases cited3 opinions
- Sheridan v. Mayor of New YorkNew York Court of Appeals · 1876
- Chase v. DodgeWisconsin Supreme Court · 1901
- Divan v. LoomisWisconsin Supreme Court · 1887
3Cited by4 opinions
- Hankwitz v. BarrettWisconsin Supreme Court · 1910
- State ex rel. Ætna Insurance v. FowlerWisconsin Supreme Court · 1928
- Heidel v. ShuteOregon Supreme Court · 1917
- Culver v. MillerCalifornia Court of Appeal · 1921