Johnston v. Charles Abresch Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. Williams, Judge. The complaint alleges: The corporate character and business of defendant. That prior to April 13, 1898, plaintiff was the owner of a victoria of the value of $1,000, which prior to said date plaintiff had placed in defendant’s possession for the purpose of repairing and storing the same.
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Appeal from a judgment of the superior court of Milwaukee county: OeeeN T. Williams, Judge. The complaint alleges: The corporate character and business of defendant. That prior to April 13, 1898, plaintiff was the owner of a victoria of the value of $1,000, which prior to said date plaintiff had placed in defendant’s possession for the purpose of repairing and storing the same. That prior to said date defendant had effected fire insurance and held policies covering its stock and vehicles either owned or held by it “ in trust, or on commission, or in storage, or for repairs or sale,*but not…
1Opinion of the CourtBardeen, J.
The facts stated in the complaint show that this is an action for money had and received. In Limited I. Asso. v. Glendale I. Asso. 99 Wis. 54, this court said: “The rule is quite elementary that, to enable a person to maintain an action for money had and received, it is necessary for him to establish that the persons sought to be charged have .received money belonging to him, or to which he is entitled. That is the fundamental fact upon which the right of action depends. Nat. T. Co. v. Gleason, 77 N. Y. 400. The purpose of such an action is not to recover damages, but to make the party…
2Cases cited5 opinions
- National Trust Co. v. . GleasonNew York Court of Appeals · 1879
- Wells v. American Express Co.Wisconsin Supreme Court · 1880
- Limited Investment Ass'n v. Glendale Investment Ass'nWisconsin Supreme Court · 1898
- Woodward v. HillWisconsin Supreme Court · 1858
- Fay v. LovejoyWisconsin Supreme Court · 1866
3Cited by6 opinions
- Siggins v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1913
- Douglas County v. SommerWisconsin Supreme Court · 1904
- Glendale Investment Ass'n v. Harvey Land Co.Wisconsin Supreme Court · 1902
- J. V. LeClair Co. v. Rogers-Ruger Co.Wisconsin Supreme Court · 1905
- Marine Co. v. City of MilwaukeeWisconsin Supreme Court · 1912
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