National Bank of Merrill v. Illinois & Wisconsin Lumber Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This is an action for money had and received.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. This is an action for money had and received. On the 26th of August, 1896, the defendant borrowed $5,000 of the plaintiff, and gave its note therefor, due Boveniber 3, 1896; and when this note fell due it was renewed by the giving of a new note due January 22, 189J. On the 11th of January, 189J, the plaintiff returned the note, and stated that the contract was rescinded on the ground of fraudulent representations in the procurement of the loan, and immediately commenced this action and attached the…
1Opinion of the CourtWinslow, J.
The appellant makes three general contentions: (1) That the evidence does not sustain the verdict; (2) that the court erred in admitting evidence; and (3) that the court erred in its charge to the jury.
1. The gist of the action was fraud. Unless the evidence showed that the loan was made in reliance upon materially false representations as to the capital and financial condition •of the corporation, there could be no recovery, because the debt was not due; and hence the first and fundamental question is whether there was sufficient evidence tending to •show such fraud, and to sustain a verdict…
2Cases cited8 opinions
- Coit v. Gold Amalgamating Co.Supreme Court of the United States · 1886
- Eaton, Cole Burnham Co. v. . AveryNew York Court of Appeals · 1880
- Weisenberg v. City of AppletonWisconsin Supreme Court · 1870
- Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883
- Whitehill v. JacobsWisconsin Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Manly v. Ohio Shoe Co.Court of Appeals for the Fourth Circuit · 1928
- Davis v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1910
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Wallis Tractor Co. v. CommissionerUnited States Board of Tax Appeals · 1926
8 more not listed; retrieve them via the Exa API.