Rogers v. Van Nortwick
Wisconsin Supreme Court
APPEAL from the Superior Court of Milwaukee County. This action was commenced January 27, 1890, against John Yan Nortwick, of Batavia, Ill., since deceased, and the Green Bay & Mississippi Canal Company, defendants.
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APPEAL from the Superior Court of Milwaukee County. This action was commenced January 27, 1890, against John Yan Nortwick, of Batavia, Ill., since deceased, and the Green Bay & Mississippi Canal Company, defendants. The executors of said Yan Nortwick, William M. Van Nortwick, and John 8. Van Nortwick, as well as divers others, were afterwards made defendants, upon whom the summons and complaint were served by publication of summons and mailing copies of summons and complaint. The object of the action was to recover 1,197 shares of stock of the Green Bay & Mississippi Canal Company, of the par…
1Opinion of the CourtPinney, J.
Without considering whether the evidence supports the contention that Smith acted unfaithfully as the plaintiff’s agent, so that John Van Hortwick, by his interference, fraudulently persuaded Smith to deliver to him the stock in question assigned in blank, with the accompanying power of attorney, when he ought to have held it for or delivered it to the plaintiff, whereby Yan Hort-wick acquired the legal title to it, but became a trustee of it, ex maleficio, for the plaintiff, we are of the opinion that the appellants are precluded by their laches from obtaining the relief which they seek. It…
2Cases cited22 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Menendez v. HoltSupreme Court of the United States · 1888
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
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- Hughes v. ThomasWisconsin Supreme Court · 1907
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