Zartner v. Holzhauer

The following opinion was filed January 13, 1931:

Owen, J.

The specific legal question involved is whether the plaintiff, as a residuary legatee of the estate of Emma Zartner, deceased, may maintain in his own name an action to recover a fractional part of the damages alleged- to have been sustained by Emma Zartner during her lifetime because of fraud and deceit practiced upon her by the defendant. This question is raised by the demurrer on the ground that the complaint does not state a cause of action. McKenney v. Minahan, 119 Wis. 651, 97 N. W. 489. That the complaint sets forth facts…