Pym v. Pym
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. This action was commenced May 15, 1900, to recover $524.16, alleged to have been loaned and advanced to the defendant’s testate, William Pym, who died March 21, 1894. The complaint alleges, in effect, that William Pym became indebted to the plaintiff on an account for moneys loaned and advanced to him during bis lifetime, upon bis request, to the amount stated, upon the express…
Read the full summary
Appeal from a judgment of the circuit court for Brown county: S. D. HastiNgs, Je., Circuit Judge. This action was commenced May 15, 1900, to recover $524.16, alleged to have been loaned and advanced to the defendant’s testate, William Pym, who died March 21, 1894. The complaint alleges, in effect, that William Pym became indebted to the plaintiff on an account for moneys loaned and advanced to him during bis lifetime, upon bis request, to the amount stated, upon the express understanding and agreement that if, for any reason, said William Pym was unable to repay the several sums so advanced,…
1Opinion of the CourtCassoday, C. J.
At the commencement of the trial the defendant objected to any evidence under the complaint, because it did not appear therefrom that the plaintiff had not a full and complete remedy by proceedings in the county -court, and hence that a court of equity should decline to take jurisdiction. This objection was manifestly based upon the rulings of this court in Meyer v. Garthwaite, 92 Wis. 571, 573, 576, 66 N. W. 704; Burnham v. Norton, 100 Wis. 8, 13, 75 N. W. 304; Hill v. True, 104 Wis. 294, 301, 80 N. W. 462; Ludington v. Patton, 111 Wis. 208, 249, 86 N. W. 571. The complaint alleges, and the…
2Cases cited29 opinions
- Bostwick v. Mutual Life Insurance Co.Wisconsin Supreme Court · 1903
- Ludington v. PattonWisconsin Supreme Court · 1901
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Burnham v. NortonWisconsin Supreme Court · 1898
24 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Esser v. BropheySupreme Court of Minnesota · 1942
- Luckenbill v. BatesSupreme Court of Iowa · 1935
- Graunke v. GraunkeWisconsin Supreme Court · 1924
- Trickle v. SnyderWisconsin Supreme Court · 1935
- In Re Wright's EstateSouth Dakota Supreme Court · 1943
2 more not listed; retrieve them via the Exa API.