McKinnon v. Vollmar
Wisconsin Supreme Court
APPEAL from the Circuit Court for Wood County. The action is for monej’- had and received by the defendants for the use of the plaintiffs McKinnon and Derfus, and of James Eedmond, now deceased, the intestate of the plaintiff Helen Redmond. The complaint is in the usual form of complaints in actions for money had and received. Elo particulars of the claim are stated therein, and no bill of particulars was given or .demanded.
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APPEAL from the Circuit Court for Wood County. The action is for monej’- had and received by the defendants for the use of the plaintiffs McKinnon and Derfus, and of James Eedmond, now deceased, the intestate of the plaintiff Helen Redmond. The complaint is in the usual form of complaints in actions for money had and received. Elo particulars of the claim are stated therein, and no bill of particulars was given or .demanded. Except as to the allegations of the copartnership of the defendants, the death of James Eedmond, and the appointment of the plaintiff Helen Redmond as administratrix of…
1Opinion of the CourtLyoN, J.
I. At the close of plaintiffs’ testimony, the defendants moved for a nonsuit. The motion was denied. This ruling is claimed to be erroneous for the alleged reason that the only remedy of the plaintiffs is by a suit in *87equity, and that, under the facts of the case, an action for money had and received, to recover the consideration paid for the land, cannot be maintained. The reason' thus assigned is unsound. It might be otherwise were this an action to rescind a conveyance of land, or to compel the execution of one. But this is not such an action. The only conveyance involved has already been…
2Cases cited5 opinions
- Law v. GrantWisconsin Supreme Court · 1875
- Lyon v. JeromeNew York Supreme Court · 1841
- Renwick v. BancroftSupreme Court of Iowa · 1881
- Miner v. MedburyWisconsin Supreme Court · 1858
- Ela v. American Merchants' Union Express Co.Wisconsin Supreme Court · 1872
3Cited by48 opinions
- Hart v. MoultonWisconsin Supreme Court · 1899
- Seneca Wire & Manufacturing Co. v. A. B. Leach & Co.New York Court of Appeals · 1928
- Graham v. MerchantOregon Supreme Court · 1903
- Gunther v. UllrichWisconsin Supreme Court · 1892
- Montreal River Lumber Co. v. MihillsWisconsin Supreme Court · 1891
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