Legal Opinion

Briggs v. Miller

Wisconsin Supreme Court

Decided March 14, 1922PublishedCited by 12 opinions

Appeal from an order of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Demurrer. The complaint set forth at considerable length that the defendant was a public lecturer upon “Applied Psychologythat in order to create in the minds of the public the impression that he was absolutely honest, fair, and sincere in his teaching of the subject, and as a means of furthering the defendant’s standing and reputation as a public speaker, and as a means of…

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Appeal from an order of the circuit court for Milwaukee county: Gustave G. Gehrz, Circuit Judge. Demurrer. The complaint set forth at considerable length that the defendant was a public lecturer upon “Applied Psychologythat in order to create in the minds of the public the impression that he was absolutely honest, fair, and sincere in his teaching of the subject, and as a means of furthering the defendant’s standing and reputation as a public speaker, and as a means of inducing the public to have confidence in him, “the defendant caused to be published to the world an offer that in the event…

1Opinion of the Court

The following opinion was filed January 10, 1922:

Rosenberry, J.

The court clearly had jurisdiction of the subject matter of the action, and as plaintiff relies upon a new contract and not upon the original note or indorsement, it not appearing when the new contract was made, the order overruling the demurrer upon the second and third grounds assigned needs no further discussion. It is the contention of appellant that the complaint states' no1 cause of action for two reasons:

First, no consideration is shown.

Second, the offer was to a limited class of persons; that is, to those who “should have…

2Cases cited1 opinion

  1. Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914

3Cited by12 opinions

  1. David M. Marks v. Houston Casualty CompanyWisconsin Supreme Court · 2016
  2. Piaskoski & Associates v. RicciardiCourt of Appeals of Wisconsin · 2004
  3. Kamikawa v. KeskinenWisconsin Supreme Court · 1969
  4. Eiche v. WallrabensteinWisconsin Supreme Court · 1934
  5. Albright v. WeissingerWisconsin Supreme Court · 1941

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