Francis v. Evans
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. This is an. action against the assignee of an insolvent hanker to recover the amount collected by such banker for the plaintiff as the purchase money of land, and to enforce an equitable trust for the amount upon the assets in the hands of such assignee. There was a judgment dismissing the complaint, from which plaintiff appeals. The facts are stated in the opinion.
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APPEAL from the Circuit Court for Grant County. This is an. action against the assignee of an insolvent hanker to recover the amount collected by such banker for the plaintiff as the purchase money of land, and to enforce an equitable trust for the amount upon the assets in the hands of such assignee. There was a judgment dismissing the complaint, from which plaintiff appeals. The facts are stated in the opinion. They referred to their brief in the case of McLeod v. Evans, 66 Wis. 402, in which their arguments upon a very similar state of facts are quite fully stated. It seems unnecessary to…
1Opinion of the Court
Oole, O. J.
The facts upon which the questions of law in this case arise are, in brief, these: The plaintiff, living in Dakota territory, bargained with one Rundell, of Grant county, Wisconsin, to sell him his Dakota farm for $2,000. He sent a deed of his farm, with an abstract of title, to Isaac Hodges, a banker doing business in Platteville, with instructions to collect from Rundell the $2,000, and on payment of the same to deliver the deed and abstract, and remit the money immediately to him in Dakota. The deed lay a few days in Hodges’ bank, when Rundell learned it was there and came to…
2Cases cited2 opinions
- McLeod v. EvansWisconsin Supreme Court · 1886
- Third National Bank v. Stillwater Gas Co.Supreme Court of Minnesota · 1886
3Cited by18 opinions
- Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
- Board of Fire & Water Commissioners v. WilkinsonMichigan Supreme Court · 1899
- Davenport Plow Co. v. LampSupreme Court of Iowa · 1890
- Griffin v. ErskineSupreme Court of Iowa · 1906
- Ferchen v. ArndtOregon Supreme Court · 1894
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