Armstrong v. Morrow
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. This action was brought by the executor of the estate of Walter II.
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Appeal from a judgment of the circuit court for Marathon county: A. H. Reid, Circuit Judge. This action was brought by the executor of the estate of Walter II. Phillips, who died May 25, 1915, to set aside an assignment executed by Phillips on July 15, 1911, to the defendant of a mortgage for $10,900 running from the Oconto Brewing Company to Phillips, bearing date December 11, 1909. Tbe defendant for some twelve ox fifteen years before tbe execution of said assignment bad been tbe attorney, adviser', and intimate friend of Mr. Phillips. At tbe time of the execution of tbe mortgage defendant…
1Opinion of the CourtXeewin, J.
Many of the facts in the case are undisputed and others well established by the evidence. We have set out the findings of fact in the statement of the case and shall refer to them in the opinion only in so far as may be thought necessary in discussing the material questions involved.
The defendant and deceased, Mr. Phillips, for many years before the assignment in qiiestion were close intimate friends, and the defendant was not only the attorney of Mr. Phillips, doing most of his legal business, but also his companion. The friendship was mutual, and each had confidence in the other.…
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