Dairyman's State Bank v. Tessman

Counsel for plaintiff bank contends that the facts of the complaint are sufficient to state a cause of action on any one of three theories, viz.:(1) Restitution of money had and received,(2) Subrogation,(3) Equitable lien.

Restitution.

The right to recover for money had and received, while an action at law, is governed by equitable principles. Trempealeau County v. State (1952), 260 Wis. 602, 605, 51 N. W. (2d) 499. It can be sustained only if the defendant has received money which in equity and good conscience he ought to repay to the plaintiff. Conrad v. Evans (1955), 269 Wis. 387, 392, 69 N.…