Legal Opinion

Roesler v. Shastri

Wisconsin Supreme Court

Decided November 6, 1918PublishedCited by 1 opinion

Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Replevin to recover bank draft of $950 alleged to have been obtained from plaintiff through fraudulent representations of the defendant. Plaintiff, a farmer whose wife had been suffering from insane delusions for thirteen or fourteen months and had been at a hospital three times, engaged the defendant to treat her.

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Appeal from a judgment of the circuit court for La Crosse county: E. C. Higbee, Circuit Judge. Replevin to recover bank draft of $950 alleged to have been obtained from plaintiff through fraudulent representations of the defendant. Plaintiff, a farmer whose wife had been suffering from insane delusions for thirteen or fourteen months and had been at a hospital three times, engaged the defendant to treat her. Plaintiff testifies that defendant held himself out as a doctor and was called such, and it appears that he had used the title M.D. on his letter-heads; that he represented that he could…

1Opinion of the CourtVinje, J.

We think the court erred in directing a verdict in this case. It was a question for the jury to say whether or not plaintiff was deceived by defendant. The jury had a right to believe plaintiff’s testimony and to draw the conclusion therefrom that he was defrauded of his money. He had an insane wife; that he was anxious to cure her is evidenced by the fact that he willingly paid $50 a day in an effort to do so. He was undoubtedly ignorant of what could or could not be done through mental healing or hypnotic suggestion. There is a sharp conflict of views on 1;hat subject by those who' have…

2Cases cited4 opinions

  1. Miranovitz v. GeeWisconsin Supreme Court · 1916
  2. Lee v. BurnhamWisconsin Supreme Court · 1892
  3. Mayhew v. MatherWisconsin Supreme Court · 1892
  4. Singer v. SchillingWisconsin Supreme Court · 1889

3Cited by1 opinion

  1. Wiltrout v. SpragueWyoming Supreme Court · 1929

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