Warner v. Sauk County Bank
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. Action to recover possession of a package of gold coin of the United States, “representing at its par value $400, of the value of $850,” which it was alleged, the defendant wrongfully detained from the plaintiff. The complaint demanded judgment for a return of the gold, and damages for its detention.
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APPEAL from the Circuit Court for Saule County. Action to recover possession of a package of gold coin of the United States, “representing at its par value $400, of the value of $850,” which it was alleged, the defendant wrongfully detained from the plaintiff. The complaint demanded judgment for a return of the gold, and damages for its detention. The plaintiff’s evidence tended to show that $400 in gold coin was deposited with the defendant in June, 1863, by one English, as security for a loan of $500 in currency; that the president of the bank was asked at the time to give a “ special…
1Opinion of the CourtDixon, C. J.
It seems hard and oppressive, and looks very like injustice, where a party has deposited gold coin to be returned in that coin again, that in an action for its recovery he shall only have judgment for the same number of dollars, which may be paid in treasury notes worth half or perhaps less than half the same sum in gold coin; but such is undoubtedly the law, and it is not in the power of this court, nor was it in that of the court below, to relieve the plaintiff or to pronounce a different judgment from that which has already been rendered. The principles governing this case have undergone…
2Cases cited2 opinions
- Warnibold v. SchlictingSupreme Court of Iowa · 1864
- Breitenbach v. TurnerWisconsin Supreme Court · 1864
3Cited by1 opinion
- Bunn v. Valley Lumber Co.Wisconsin Supreme Court · 1885