Legal Opinion

Kiewert v. Rindskopf

Wisconsin Supreme Court

Decided January 15, 1879PublishedCited by 17 opinions

APPEAL from tbe Circuit Court for Milwaukee County. Action to recover moneys alleged to have been obtained from plaintiff by defendant, upon a false and fraudulent representation, as for the purpose of paying the same to a third person in the plaintiff’s behalf, and to have been retained by defendant and converted to his own use. The case is more fully stated in the opinion.

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APPEAL from tbe Circuit Court for Milwaukee County. Action to recover moneys alleged to have been obtained from plaintiff by defendant, upon a false and fraudulent representation, as for the purpose of paying the same to a third person in the plaintiff’s behalf, and to have been retained by defendant and converted to his own use. The case is more fully stated in the opinion. The plaintiff appealed from a judgment of nonsuit. 1. If a servant or agent, in the prosecution of an illegal enterprise for his master, has received money or other property belonging to the latter, he is bound to turn it…

1Opinion of the Court

Obtoit, L

The circumstances under which the money was *483paid by tbe plaintiff to the defendant, a part of which is sought to be recovered in this action, were substantially as follows: Robert Kiewert, a brother of the plaintiff, was under indictment in the federal court for certain offenses against the revenue laws of the United States, and the defendant infoimied the plaintiff that O. W. Wight, an attorney at law, offered and agreed to render certain services through the attorneys of the government, by which the sentence of said Robert, in case of his conviction, should be reduced to the least…

2Cases cited7 opinions

  1. Gilliam v. BrownMississippi Supreme Court · 1871
  2. Vischer v. YatesNew York Supreme Court · 1814
  3. Smith v. MarinerWisconsin Supreme Court · 1856
  4. Miller v. LarsonWisconsin Supreme Court · 1865
  5. Woodward v. HillWisconsin Supreme Court · 1858

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3Cited by17 opinions

  1. Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
  2. Promer v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1895
  3. State v. PattersonSupreme Court of Kansas · 1903
  4. Matta v. KatsoulasWisconsin Supreme Court · 1927
  5. Urwan v. Northwestern National Life InsuranceWisconsin Supreme Court · 1905

12 more not listed; retrieve them via the Exa API.

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