Lane v. Frawley
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. This was an appeal from order sustaining demurrer to a complaint which alleged that plaintiffs were executors under the will of Mary Alien, deceased; that in her lifetime the defendant falsely and fraudulently represented to the deceased, substantially, that if she would execute and deliver to him a note and mortgage for $1,300, he would take proceedings to recover back certain…
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Appeal from an order of the circuit court for Eau Claire county: W. E. Bailey, Circuit Judge. This was an appeal from order sustaining demurrer to a complaint which alleged that plaintiffs were executors under the will of Mary Alien, deceased; that in her lifetime the defendant falsely and fraudulently represented to the deceased, substantially, that if she would execute and deliver to him a note and mortgage for $1,300, he would take proceedings to recover back certain lands formerly owned by her deceased husband, for the executors of his estate; that the law required that before taking…
1Opinion of the CourtDodge, J.
That the complaint attempts to state an action ex delicto seems too plain for discussion. The allegations, in brief, are that defendant made false representations whereby deceased, in her lifetime, was induced to execute a mortgage of $1,300, which, being foreclosed by others than the defendant, resulted in the lbss of the mortgaged property of value $2,500, whereby she suffered damage in that sum. On the other hand, the complaint contains no allegations sufficient to constitute a cause of action in contract. In many cases in this court the allegation of the wrongful obtaining or withholding…
2Cases cited12 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Woodward v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1868
- Slauson v. Schwabacher Bros. & Co.Washington Supreme Court · 1892
- Supervisors of La Pointe v. O'MalleyWisconsin Supreme Court · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Killen v. BarnesWisconsin Supreme Court · 1900
- Shaw v. GilbertWisconsin Supreme Court · 1901
- Somervaill v. McDermottWisconsin Supreme Court · 1903
- Holzhauer v. ZartnerWisconsin Supreme Court · 1924
8 more not listed; retrieve them via the Exa API.