W. H. Kiblinger Co. v. Sauk Bank
Wisconsin Supreme Court
'Appeaxs from a judgment of tbe circuit court for Sauk county: E. Rat SteveNs, Circuit Judge. Cross-appeals from a judgment for nominal damages and costs in favor of tbe plaintiff and against tbe defendant.
1Opinion of the CourtTimlin, J.
Tbe action as shown by tbe complaint is on contract. It avers that tbe defendant for a valuable consideration undertook and agreed to present tbe note in question to tbe maker for payment, and in case of nonpayment to return it to tbe plaintiff on February 5, 1902, and then avers that defendant failed and neglected so to do, whereby’ tbe sum due and payable on said note was wholly lost to the plaintiff.
It is always a close question whether a complaint is for breach of contract or negligent omission of duty imposed by law where tbe same act would constitute a breach of tbe contractual…
2Cases cited5 opinions
- Catlin & Powell Co. v. SchuppertWisconsin Supreme Court · 1907
- Lane v. FrawleyWisconsin Supreme Court · 1899
- Van Oss v. SynonWisconsin Supreme Court · 1893
- Casgrain v. HamiltonWisconsin Supreme Court · 1896
- Franklin v. SmithNew York Supreme Court · 1839
3Cited by2 opinions
- Kindinger v. BehnkeWisconsin Supreme Court · 1912
- Roethlisberger v. Bank of MonticelloWisconsin Supreme Court · 1934