Pedrick v. First Nat. Bank of Ripon
| Court | United States State Supreme Court of Wisconsin |
| Writing for the Court | BROWN |
| Citation | 267 Wis. 436,66 N.W.2d 154 |
| Parties | Samuel M. PEDRICK, Appellant, v. FIRST NATIONAL BANK OF RIPON, a National Banking corporation, Respondent. |
| Decision Date | 05 October 1954 |
Page 154
v.
FIRST NATIONAL BANK OF RIPON, a National Banking
corporation, Respondent.
S. M. Pedrick, Ripon, in pro. per., for appellant.
Nesbitt & Kay, Ripon, for respondent.
BROWN, Justice.
The demurrer admits the material allegations of the amended complaint.
The bank submits that the amended complaint is defective because it does not plead acceptance of its offer by the plaintiff or that there was consideration for its promise of employment. Plaintiff's performance of the act which defendant had solicited, as alleged in his amended complaint, was both in consideration of the offer and an acceptance of it. '* * * Where A promises B to pay him a sum of money if he will do a particular act and in consideration thereof, and B does that act, the promise thereupon becomes binding, although B at the time of the promise does not engage to do the act. * * *' 12 Am.Jur., p. 573, Contracts, sec. 79. Except for other considerations to be discussed later we do not doubt that a contract which bound the bank to employ plaintiff came into existence upon the execution of the will, contingent only upon the death of Rimpler without having revoked the will.
But we consider that the presence of sec. 310.25, Stats. establishes such a contract as one which is contrary to public policy. The material part of that statute directs that when a corporation is named as executor of an estate the nearest of kin who receives any interest in the estate or the party receiving the largest amount from the estate shall name the [267 Wis. 439] attorney who shall represent the estate in all proceedings, unless good cause is shown why this should not be done. The complaint charges that the corporation agreed to employ him to conduct the probate of the estate. The statute takes the power to make such an appointment away from the corporate executor or administrator and lodges it elsewhere. '* * * An agreement is against public policy if it * * * violates some public statute, * * *.' 12 Am.Jur., p. 663, Contracts, sec. 167. '* * * courts of justice will not recognize or uphold any transaction which, in its object, operation, or tendency, is calculated to be prejudicial to the public welfare, to sound morality, or to civic honesty. The test is whether the parties have stipulated for something inhibited by the law or inimical, to or inconsistent with, the public welfare.' Id., pp. 662-663. (Italics ours.) Unquestionably, according to the complaint the parties here stipulated for something inhibited by the law, namely, the appointment by a corporate executor of the attorney for the estate. Agreements against public policy or prohibited by public law '* * * cannot be enforced by one party against the other, either directly by asking the court to carry them into...
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Nelson v. Marshall, No. 10729
...94, 41 S.Ct. 433, 65 L.Ed. 837, 17 A.L.R. 873 (1921); Ex Parte Washer, 78 Cal.App. 759, 248 P. 1068 (1926); Pedrick v. First Nat'l Bank, 267 Wis. 436, 66 N.W.2d 154 (1954); Annot., 68 L.Ed. 742 (1925); 16 Am.Jur.2d, Constitutional Law § 520 (1964); 16A C.J.S. Constitutional Law § 504 (1956)......
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State ex rel. First Nat. Bank of Wisconsin Rapids v. M & I Peoples Bank of Coloma, No. 77-515
...158 N.W.2d 306, 314 (1968). See also: Will of Heinemann, 201 Wis. 484, 490, 230 N.W. 698 (1930); Pedrick v. First National Bank of Ripon, 267 Wis. 436, 441, 66 N.W.2d 154 (1954). Cf.: State ex rel. First National Bank & Trust v. Skow, 91 Wis.2d 773, 777 n. 1, 284 N.W.2d 74 (1979). Additiona......
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HEYDE COMPANIES v. Dove Healthcare, No. 01-0863-FT.
...Power Co. v. Nat'l Gas Co., 2000 WI App 38, 232 Wis. 2d 541, 545-46, 606 N.W.2d 613 (Ct. App. 1999) (citing Pedrick v. First Nat'l Bank, 267 Wis. 436, 438-39, 66 N.W.2d 154 (1954); M&I First Nat'l Bank v. Episcopal Homes, 195 Wis. 2d 485, 507, 536 N.W.2d 175 (Ct. App. 1995); Hawkins Realty ......
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New Hampshire Bankers Association v. Nelson, Civ. A. No. 3355.
...page 1032. In the only state case that comes anywhere close to this particular issue, Pedrick v. First National Bank of Ripon, Wisconsin, 267 Wis. 436, 66 N.W.2d 154 (1954), a statute providing that when a corporation is named as executor, the nearest of kin receiving any interest, or the p......
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Nelson v. Marshall, No. 10729
...94, 41 S.Ct. 433, 65 L.Ed. 837, 17 A.L.R. 873 (1921); Ex Parte Washer, 78 Cal.App. 759, 248 P. 1068 (1926); Pedrick v. First Nat'l Bank, 267 Wis. 436, 66 N.W.2d 154 (1954); Annot., 68 L.Ed. 742 (1925); 16 Am.Jur.2d, Constitutional Law § 520 (1964); 16A C.J.S. Constitutional Law § 504 (1956)......
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State ex rel. First Nat. Bank of Wisconsin Rapids v. M & I Peoples Bank of Coloma, No. 77-515
...158 N.W.2d 306, 314 (1968). See also: Will of Heinemann, 201 Wis. 484, 490, 230 N.W. 698 (1930); Pedrick v. First National Bank of Ripon, 267 Wis. 436, 441, 66 N.W.2d 154 (1954). Cf.: State ex rel. First National Bank & Trust v. Skow, 91 Wis.2d 773, 777 n. 1, 284 N.W.2d 74 (1979). Additiona......
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HEYDE COMPANIES v. Dove Healthcare, No. 01-0863-FT.
...Power Co. v. Nat'l Gas Co., 2000 WI App 38, 232 Wis. 2d 541, 545-46, 606 N.W.2d 613 (Ct. App. 1999) (citing Pedrick v. First Nat'l Bank, 267 Wis. 436, 438-39, 66 N.W.2d 154 (1954); M&I First Nat'l Bank v. Episcopal Homes, 195 Wis. 2d 485, 507, 536 N.W.2d 175 (Ct. App. 1995); Hawkins Realty ......
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New Hampshire Bankers Association v. Nelson, Civ. A. No. 3355.
...page 1032. In the only state case that comes anywhere close to this particular issue, Pedrick v. First National Bank of Ripon, Wisconsin, 267 Wis. 436, 66 N.W.2d 154 (1954), a statute providing that when a corporation is named as executor, the nearest of kin receiving any interest, or the p......