Knox v. Bigelow
Wisconsin Supreme Court
APPEAL from tbe County Court of Milwaukee County. Knox, as administrator of one Phalen, sued the defendants, Bigelow, Freeman and Munyan, for unlawfully taking a stock of boots &c., of which Phalen was possessed, as of his own property, at the time of his death.
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APPEAL from tbe County Court of Milwaukee County. Knox, as administrator of one Phalen, sued the defendants, Bigelow, Freeman and Munyan, for unlawfully taking a stock of boots &c., of which Phalen was possessed, as of his own property, at the time of his death. Phalen died on the 22d of November, 1860, and administration was granted to the plaintiff, February 18th, 1861. The answer justified the taking under a mortgage on the stock executed by Phalen, in his lifetime, to Bigelow, by which the mortgagee was authorized, at any time when he deemed himself insecure, to take possession of the…
1Opinion of the Court
By the Court,
Paine, J.
We see no error in the rulings of the county court on the trial. The authorities relied on by the appellants to show that the suit should have been brought by the plaintiff in his individual, and not in his *421representative capacity, do not sustain tbe position that it must be so brought. They only show that it may be, the clear implication from all of them is, that it may also be brought by the administrator, as such, of which there can be no doubt.
The evidence of the defendants as to what occurred in transactions to which the plaintiff’s intestate was a party, was…
2Cited by7 opinions
- Hei v. HellerWisconsin Supreme Court · 1881
- Mosman v. BenderSupreme Court of Missouri · 1883
- Kent v. BothwellMassachusetts Supreme Judicial Court · 1890
- Russell v. ReedSupreme Court of Minnesota · 1884
- Tarbox v. FrenchWisconsin Supreme Court · 1871
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