Hemmy v. Hawkins
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. The plaintiff, as administrator de lonis non with the will annexed of the estate of Lucinda Cutler, deceased, brings-this action to recover the value of a note of $3,500 and interest, executed by George Hams to said deceased, May 13,. 1889, together with the real-estate mortgage securing the-same.
Read the full summary
Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. The plaintiff, as administrator de lonis non with the will annexed of the estate of Lucinda Cutler, deceased, brings-this action to recover the value of a note of $3,500 and interest, executed by George Hams to said deceased, May 13,. 1889, together with the real-estate mortgage securing the-same. The complaint contains the necessary allegations showing the representative character of the plaintiff, that the note and mortgage are assets of said estate, and that the same have been converted by the…
1Opinion of the CourtWinslow, J.
We have been unable to find any evidence in the record to support the finding of the court to the effect that the defendant, Hcmhins, knew that Rambusch borrowed the |2,500 for his own personal use and not for the purposes of the estate. On the contrary, it appears very clearly that Rambusch represented to Nmokins, in effect, that the money was borrowed for the purposes of the estate, and also that Rambusch was a man respected and trusted in the community, and that there were no facts appearing which would have put a reasonable man upon inquiry, or raise a suspicion that Rambusch expected to…
2Cases cited3 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Weir v. MosherWisconsin Supreme Court · 1865
- Gottberg v. . United States National BankNew York Court of Appeals · 1892
3Cited by5 opinions
- In Re the Estate of HeinzeNew York Court of Appeals · 1918
- Perkinson v. ClarkeWisconsin Supreme Court · 1908
- McAuslan v. Union Trust CompanySupreme Court of Rhode Island · 1924
- Samels v. Hartford Accident & Indemnity Co.Supreme Court of Minnesota · 1925
- Ottstadt v. JardineWisconsin Supreme Court · 1938