Grannis v. Hooker
Wisconsin Supreme Court
APPEAL from Circuit Court for Fond du Lac County. Action to recover money received by tbe defendant to plaintiff’s use. . Tbe complaint alleges, in general terms, tbe receipt of $535, by tbe defendant to tbe plaintiff’s use, demand of payment, and a refusal to pay over tbe same, or any part thereof. The answer is a general denial.
Read the full summary
APPEAL from Circuit Court for Fond du Lac County. Action to recover money received by tbe defendant to plaintiff’s use. . Tbe complaint alleges, in general terms, tbe receipt of $535, by tbe defendant to tbe plaintiff’s use, demand of payment, and a refusal to pay over tbe same, or any part thereof. The answer is a general denial. In bis opening at tbe trial, tbe plaintiff’s attorney stated tbe facts which be expected to prove, showing that tbe plaintiff was induced to pay over to tbe defendant tbe money sued for, by means of certain false and fraudulent representations made to him by tbe…
1Opinion of the CourtCole, J.
Tbe question arising in this case is really whether tbe complaint states a cause of action. Tbe complaint contains what, under tbe former system of pleading, would be called a count for money bad and received. On tbe trial, tbe attorney of tbe plaintiff made a statement of facts to tbe court and jury out of which tbe action arose, and then proceeded to support tbe issue on tbe part of tbe plaintiff by calling and having sworn a witness. Whereupon tbe defendant objected to any evidence being given under tbe complaint, on tbe ground that it did not state facts sufficient to constitute a cause…
2Cases cited2 opinions
- Allen v. . PattersonNew York Court of Appeals · 1852
- Lienan v. LincolnThe Superior Court of New York City · 1853
3Cited by27 opinions
- Field v. BrownIndiana Supreme Court · 1896
- Pleasant v. SamuelsCalifornia Supreme Court · 1896
- Western Assurance Co. v. TowleWisconsin Supreme Court · 1886
- Potter v. TaggartWisconsin Supreme Court · 1882
- Murphy v. McGrawMichigan Supreme Court · 1889
22 more not listed; retrieve them via the Exa API.