Kammermeyer v. Hilz
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCE W. Halsey, Circuit Judge. This action was commenced January 11, 1887, to recover •■$2,850, alleged to have been received by tbe defendants March 25, 1891, for tbe use and benefit of tbe plaintiff, under tbe following circumstances: Tbe plaintiff is the daughter of the defendants, and was formerly known as Kiltie Hilz.
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Appeal from a judgment of tbe circuit court for Milwaukee county: LaweeNCE W. Halsey, Circuit Judge. This action was commenced January 11, 1887, to recover •■$2,850, alleged to have been received by tbe defendants March 25, 1891, for tbe use and benefit of tbe plaintiff, under tbe following circumstances: Tbe plaintiff is the daughter of the defendants, and was formerly known as Kiltie Hilz. When she was about twenty years of age, she was begotten of a child by one A. W. Priest, a married man, in whose employ ■she was at tbe time. Tbe child was born December 25, 1890. A short time afterwards…
1Opinion of the CourtCassoday, C. J.
When the case was here on the former appeal, it was presented as an action at law triable by jury. 107 Wis. 101, 82 N. W. 689. After the cause was remanded to the trial court on reversal, an equitable counterclaim was interposed to the effect that March 23, 1895, the defendants paid to the plaintiff the $600 mentioned in full payment, settlement, satisfaction, and discharge of any and all claims which the plaintiff had or might have in any portion of the $2,850 mentioned, and asked to have the receipt given therefor at the time reformed so as to express such agreement. Such equitable…
2Cases cited1 opinion
- Kammermeyer v. HilzWisconsin Supreme Court · 1900
3Cited by1 opinion
- Abbott v. DowWisconsin Supreme Court · 1907