Willard v. Giles
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The complaint alleges that, on, etc., plaintiff borrowed of defendant $200, and deposited with him, as collateral security for its repayment, three notes, for $317, $275 and $400 respectively, with a mortgage securing the note last mentioned; and also a United States bond for $500 ; that plaintiff has since paid said $200, and has demanded said securities, which defendant has failed to deliver, but has converted to his own use.
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APPEAL from the Circuit Court for Dane County. The complaint alleges that, on, etc., plaintiff borrowed of defendant $200, and deposited with him, as collateral security for its repayment, three notes, for $317, $275 and $400 respectively, with a mortgage securing the note last mentioned; and also a United States bond for $500 ; that plaintiff has since paid said $200, and has demanded said securities, which defendant has failed to deliver, but has converted to his own use. Judgment is demanded “for the wrongful conversion of said notes, mortgage and bond.” The answer admits the loan and…
1Opinion of the CourtPaine, J.
The claim of the appellant, that the instructions given to the jury were erroneous, is based *323upon the position that, under the pleadings, the only-issue was whether the defendant ever received the securities. And he contended that it was incompetent for the defendant to deny ever having received them, and at the same time to say that, if he did receive them, they were lost without his fault.
I can see no good reason why the defendant may not deny both of the allegations of the complaint. It is true, that if he succeeds on the first denial, and shows that he never did receive the property, the…
2Cited by5 opinions
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