Small v. Champeny
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. Action of replevin brought in the lifetime of William Champeny by his guardian to recover certain promissory notes claimed to have been obtained from him by the defendant by means of fraud and undue influence, before he was placed under guardianship. The guardian was appointed by reason of the old age and incompetency of Cham-peny to do business and take care of his property.
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Appeal from a judgment of the circuit court for Wauke-sha county: James J. Dice, Circuit Judge. Action of replevin brought in the lifetime of William Champeny by his guardian to recover certain promissory notes claimed to have been obtained from him by the defendant by means of fraud and undue influence, before he was placed under guardianship. The guardian was appointed by reason of the old age and incompetency of Cham-peny to do business and take care of his property. The ward died after the action was brought. It was revived in the name of the administrator and was thereaftér tried, the…
1Opinion of the CourtMarshall, J.
The right of plaintiff to recover depended on whether the deceased, William Champeny, was competent to transact his business at the time he parted with the property in controversy to the defendant. About four and one-half months after the transaction, there was an inquest before the county judge as to Champeny’s mental condition. Such inquest was had on an application for the appointment of a guardian. As a part of the proceedings, Champeny’s testimony was taken, and among other things he testified at length as to his business relations with the defendant, particularly in regard to the…
2Cases cited14 opinions
- Terry v. BuffingtonSupreme Court of Georgia · 1852
- Cole v. GetzingerWisconsin Supreme Court · 1897
- Davis v. DeanWisconsin Supreme Court · 1886
- Ashcraft v. De ArmondSupreme Court of Iowa · 1876
- Disch v. TimmWisconsin Supreme Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Nunnemacher v. StateWisconsin Supreme Court · 1906
- Patterson v. JensenWisconsin Supreme Court · 1944
- Will of Ball v. BostonWisconsin Supreme Court · 1913
- State v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1906
- Bode v. FlynnWisconsin Supreme Court · 1934
34 more not listed; retrieve them via the Exa API.