Central Wisconsin Trust Co. v. Northwestern Securities Co.

Defendant contends that the allegations of the complaint are not sufficient to show title in plaintiff to the cause of action attempted to be stated, and this for two reasons: first, that it is not sufficiently alleged that the cause of action was a known and inventoried asset of the estate, and that it formed as such a part of the residue of the estate; second, that the allegation that the residue of the estate was assigned to the plaintiff is insufficient as an allegation that the cause of action was assigned to plaintiff.

The contentions of the defendant are based upon the recent decision…