Gianella v. Momsen
Wisconsin Supreme Court
Appeal from an order of ■ the circuit court for Milwaukee county: I). H. Johnson, Circuit Judge. This is an action to recover trust funds from the defendant as assignee for the benefit of creditors of Frederick T. Day.
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Appeal from an order of ■ the circuit court for Milwaukee county: I). H. Johnson, Circuit Judge. This is an action to recover trust funds from the defendant as assignee for the benefit of creditors of Frederick T. Day. The complaint alleges, in substance, that Day was the agent of the plaintiff for the investment, collection, and reinvestment of the plaintiff’s funds; and that Day had in his hands, as such agent, of the plaintiff’s funds, $5,234^82, which he wrongfully converted to his own use without plaintiff’s knowledge or consent, and mixed the same with his own funds; and that the same…
1Opinion of the CourtWinslow, J.
It appears from the affirmative allegations of the complaint that the trust funds of the plaintiff were wrongfully converted by Day and mixed with his own funds, .and that, while so mixed and confounded with Day’s own funds, the assignment to Momsen was made, and a large amount of property passed into the assignee’s hands, among-which were the unidentified proceeds or product, either in money or property, of said trust funds. It is very clear, from the statements of the complaint, that the trust funds cannot be identified as monev, nor can they be traced into *478any specific property in the…
2Cases cited1 opinion
- Burnham v. BarthWisconsin Supreme Court · 1895
3Cited by7 opinions
- Board of Com'rs v. StrawnCourt of Appeals for the Sixth Circuit · 1907
- In re MulliganDistrict Court, D. Massachusetts · 1902
- Independent District of Pella v. BeardU.S. Circuit Court for the Southern District of Iowa · 1897
- Simonson v. Mc InvailleWisconsin Supreme Court · 1969
- In Re Mueller Travel Agency, Inc.Wisconsin Supreme Court · 1972
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