Sloan v. Brown County State Bank
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Brown county: Henry Graass, Circuit Judge. Action for the conversion of certain shares of stock pledged as collateral security with the defendant for a loan to one Hooker. When Hooker repaid the loan the bank delivered the shares of stock to him and he repledged them at another bank for a larger loan and plaintiff lost them because Hooker, did not repay the loan.
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Appeal from a judgment of the circuit court for Brown county: Henry Graass, Circuit Judge. Action for the conversion of certain shares of stock pledged as collateral security with the defendant for a loan to one Hooker. When Hooker repaid the loan the bank delivered the shares of stock to him and he repledged them at another bank for a larger loan and plaintiff lost them because Hooker, did not repay the loan. Plaintiff alleged in his complaint that he was the owner of the shares of stock and that he pledged them as security for Hooker’s loan. The bank alleged in its answer that the shares of…
1Opinion of the CourtVinje, J.
When defensive matter only is pleaded by a defendant the trial court should so frame the special verdict that the burden of proof rests upon the plaintiff to establish his claims. Kausch v. Chicago & M. E. R. Co. 173 Wis. 220, 180 N. W. 808. Here plaintiff’s claim as made both by the complaint and evidence was that he pledged the stock. The defendant denied this. The fact'that in its answer it *38alleged that Hooker pledged it and not plaintiff did not affect the issues in the case nor change the burden of proof. Under a general denial defendant could have shown that Hooker and not plaintiff…
2Cases cited1 opinion
- Kausch v. Chicago & Milwaukee Electric Railway Co.Wisconsin Supreme Court · 1921
3Cited by2 opinions
- Gilbert v. United States Fire InsuranceWisconsin Supreme Court · 1970
- Alesch v. HaaveWisconsin Supreme Court · 1922