Willis v. Fox
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The plaintiff appealed from a judgment dismissing his complaint for want of jurisdiction.
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APPEAL from the Circuit Court for Kenosha County. The plaintiff appealed from a judgment dismissing his complaint for want of jurisdiction. The case is sufficiently stated in the opinion. argued, that where a trustee makes his own personal profit the rule of his action, in disregard of the interests of his cestui que trust, that constitutes a fraud, and the intent to defraud need not be established by direct proof, but may be presumed from the circumstances proved and the relation of the parties (Van Wyck v. Seward, 18 Wend. 875; Williams v. Powell, 1 Ired. Eq. 460 ; Clark v. Baird, 9 N. T.…
1Opinion of the CourtCole, J.
The circuit court, having found that the guardian had not been guilty of any fraud in the management of the estate of his ward, dismissed the complaint, upon the ground that that court had no jurisdiction of the cause. The action was brought in the circuit court against Samuel N. Pox (since deceased), the guardian of Willis, for a general accounting, and for damages for waste committed or suffered by the guardian of the ward’s property. The complaint charged that the guardian had been unfaithful in the performance of his trust, and had fraudulently used and appropriated the ward’s property to…
2Cases cited4 opinions
- Picot v. O'FallonSupreme Court of Missouri · 1864
- Freeland v. DazeyIllinois Supreme Court · 1861
- Batchelder v. BatchelderWisconsin Supreme Court · 1866
- Clark v. CressSupreme Court of Iowa · 1865
3Cited by14 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- Meyer v. GarthwaiteWisconsin Supreme Court · 1896
- Cawker v. DreutzerWisconsin Supreme Court · 1928
- Lamberton v. PerelesWisconsin Supreme Court · 1894
- In re Guardianship of KleinWisconsin Supreme Court · 1897
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