Patterson v. Ball
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Walworth County. This was an action to recover damages from defendant for converting to bis own use and delivering to the Milwaukee and Beloit Railroad Company, a note and mortgage executed by the plaintiff at the request of defendant (who was a stockholder in said company), running to the company as payee and mortgagee, but which the complaint alleges was delivered to defendant in pursuance of an agreement that he would safely keep and hold…
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APPEAL from tbe Circuit Court for Walworth County. This was an action to recover damages from defendant for converting to bis own use and delivering to the Milwaukee and Beloit Railroad Company, a note and mortgage executed by the plaintiff at the request of defendant (who was a stockholder in said company), running to the company as payee and mortgagee, but which the complaint alleges was delivered to defendant in pursuance of an agreement that he would safely keep and hold the same as an escrow, and would not deliver them to said company, except 'upon condition that, nor until, it should…
1Opinion of the Court
By the Court,
UoWNBB, J".
The motion for a nonsuit should have been granted. The plaintiff -in his complaint alleges that he executed the note and mortgage therein described, and “ delivered the same to said defendant, to be by him safely kept and held as an escrow, to be delivered to said company only upon the fulfillment of the condition aforesaid.” This allegation of delivery to the defendant was ipaterial; and as it appears to us, the plaintiff entirely failed to prove it. The plaintiff testified that he delivered the note and mortgagé either to Ball or Babcock, he could not say which.…
2Cited by2 opinions
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