Moehlenpah v. Mayhew
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Rock county: E. Rat SteveNS, Judge. Tbe appeal is from a judgment rendered in a suit in equity brought to rescind an instrument of assignment and recover an amount collected thereunder. Tbe cause was first argued on October 23, 1908.
1Opinion of the Court
*564Tbe following opinion was filed February 16, 1909:
Timlin, J.
This case presents several unusual and interesting complications. Tbe plaintiffs, as administrator and beirs at law of Andrew Roberts, deceased, upon a complaint averring mental incompetency on tbe part of tbe deceased and fraud and undue influence on tbe part of tbe defendant, brought tbis suit to rescind tbe contract of sale hereinafter described and recover moneys received by tbe defendant under such contract. There was no express averment of mistake. Tbe defendant answered denying tbe incompetency, undue influence, and fraud,…
2Cases cited53 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Dowell v. ApplegateSupreme Court of the United States · 1894
- Stark v. StarrSupreme Court of the United States · 1877
- Bendernagle v. CocksNew York Supreme Court · 1838
- Rowell v. SmithWisconsin Supreme Court · 1905
48 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bentley v. FayasWisconsin Supreme Court · 1951
- Carron v. AbounadorNew Mexico Supreme Court · 1923
- Barnes v. CadyCourt of Appeals for the Sixth Circuit · 1916
- Boston Consolidated Gas Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1947
- Shearer v. PringleWisconsin Supreme Court · 1930
8 more not listed; retrieve them via the Exa API.