Legal Opinion

Brothers v. Bank of Kaukauna

Wisconsin Supreme Court

Decided March 21, 1893PublishedCited by 24 opinions

APPEAL from the Circuit Court for Outagamie County. This action was commenced in 1888, by William Hood, as the general guardian of George W. Kelso, adjudged to be mentally diseased and incompetent, against the BanJc of Kaukmma and George E. Kelso, son of George W. Kelso, to set aside and cancel a note for the sum of $G,000, purporting to have been made by George W. Kelso October 10, 1885, payable to George F. Kelso or order six years after the date thereof, annual interest'…

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APPEAL from the Circuit Court for Outagamie County. This action was commenced in 1888, by William Hood, as the general guardian of George W. Kelso, adjudged to be mentally diseased and incompetent, against the BanJc of Kaukmma and George E. Kelso, son of George W. Kelso, to set aside and cancel a note for the sum of $G,000, purporting to have been made by George W. Kelso October 10, 1885, payable to George F. Kelso or order six years after the date thereof, annual interest' at six per cent, per annum, and to be secured by a certain mortgage on certain real estate, being 255 acres of land, the…

1Opinion of the CourtPnmsy, J.

1. The evidence establishes beyond doubt or question that George W. Kelso, at the time he signed the note and mortgage in question, was of unsound mind and wholly incapable of conducting the business transaction in question. Extended comment is unnecessary to establish a conclusion so manifest, and against which respondent’s counsel were unable to offer serious argument. We have collected the evidence as to the condition of George W. Kelso, and as to what took place at the time the note and mortgage were signed, with the manner of its execution and alleged delivery, because of its important…

2Cases cited9 opinions

  1. Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
  2. The Distilled SpiritsSupreme Court of the United States · 1871
  3. Holden v. . New York and Erie BankNew York Court of Appeals · 1878
  4. Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
  5. Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Melms v. Pabst Brewing Co.Wisconsin Supreme Court · 1896
  2. Martinson v. Brooks Equipment Leasing, Inc.Wisconsin Supreme Court · 1967
  3. Huntzicker v. CrockerWisconsin Supreme Court · 1908
  4. Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1921
  5. Lambert v. SmithSupreme Court of Oklahoma · 1916

19 more not listed; retrieve them via the Exa API.

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