Desmond v. Pierce

{dissenting). I cannot agree to a dismissal of the complaint upon either ground mentioned in the opinion. The legal title to this stock was in the plaintiff as trustee. She was entitled to maintain this action in her own name. Sec. 2607, Stats.; Allen v. Kennedy, 49 Wis. 549, 5 N. W. 906. Whether she ever parted with title to this stock was a question not litigated at the trial. While there are allegations in the answer denying that she is the real party in interest, the whole tenor of the answer is to the effect that Mr. Tighe was the owner of the stock. At no time during the trial was it…