Reeve v. Fraker
Wisconsin Supreme Court
APPEAL from the County Court for Winnebago County. The defendant Fralcer appealed from an order overruling a demurrer to the complaint as not stating a cause of action in favor of the plaintiffs. The averments of the complaint -are sufficiently stated in the opinion.
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APPEAL from the County Court for Winnebago County. The defendant Fralcer appealed from an order overruling a demurrer to the complaint as not stating a cause of action in favor of the plaintiffs. The averments of the complaint -are sufficiently stated in the opinion. The complaint shows title out of plaintiffs, and they must connect themselves with the title by suitable allegations before they can recover. 12 Wis., 376. The allegation that they are “ the lawful owners and holders,” is of a mere conclusion of law. Howard’s Code, 696; 4 How. Pr. R., 202, 347; 10 id., 233. argued that it is…
1Opinion of the CourtCole, J.
The objection taken to the complaint by the defendant F. L. Fralcer is, that it fails to state a cause of action. The action is by the plaintiffs against him (and other parties) as an endorser of a promissory note. The complaint alleges the making of the note by the defendant Sullivan payable to the defendant F. L. Fralcer or order, and the delivery of the same, and the several endorsements of the note — the last being to the Commercial Bank of Oshkosh ; but no endorsement by the bank to the plaintiffs is averred. It is now said that the plaintiffs show no title, because there is no…
2Cited by3 opinions
- Andrews v. PowersWisconsin Supreme Court · 1874
- First National Bank v. ElliottSupreme Court of Kansas · 1891
- Fisher v. BouissonNorth Dakota Supreme Court · 1893