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DAIRYMAN'S STATE BANK v. TESSMAN

16 Wis.2d 314 (1962)

DAIRYMAN'S STATE BANK, Appellant, v. TESSMAN, Respondent.

Supreme Court of Wisconsin.

April 3, 1962.

Attorney(s) appearing for the Case

For the appellant there was a brief by Rogers & Owens of Portage, and oral argument by Harlan B. Rogers.

For the respondent there was a brief by Lueck & Skupniewitz of Beaver Dam, and oral argument by A. W. Lueck.

CURRIE, J.

Counsel for plaintiff bank contends that the facts of the complaint are sufficient to state a cause of action on any one of three theories, viz.:

(1) Restitution of money had and received, (2) Subrogation, (3) Equitable lien.

Restitution.

The right to recover for money had and received, while an action at law, is governed by equitable principles. Trempealeau County v. State (1952),

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