Morse v. Ryan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Francis A. Ryan brought his action in said circuit court, against Morse, alleging that said Morse, about the 25th of April, 1867,.received the appointment of receiver of public moneys in the United States land office, at Menasha, in this state, and afterwards qualified and entered upon the duties of said office; that Morse was inexperienced and entirely unqualified to perform the duties of the office, and plaintiff was well…
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APPEAL from the Circuit Court for Winnebago County. Francis A. Ryan brought his action in said circuit court, against Morse, alleging that said Morse, about the 25th of April, 1867,.received the appointment of receiver of public moneys in the United States land office, at Menasha, in this state, and afterwards qualified and entered upon the duties of said office; that Morse was inexperienced and entirely unqualified to perform the duties of the office, and plaintiff was well informed and experienced therein; that accordingly he and said Morse, about the 20th of May, 1867, entered into a…
1Opinion of the CourtDixon, C. J.
This is a very plain case. The judgment must be reversed for error in excluding the evidence offered by the defendant below t§ prove the false and fraudulent representations made by the agents of the plaintiff below, in procuring the contract from the defendant as set- forth in the answer. It is argued that the evidence was properly excluded, on the ground that no proof had been given of the agency, or that Robinson and Henry Ryan, the alleged agents, were authorized to act for the plaintiff in negotiating for and procuring the contract to he made by the defendant, and consequently, that…
2Cases cited2 opinions
- Hart v. Farmers & Mechanics BankSupreme Court of Vermont · 1860
- Crans v. . HunterNew York Court of Appeals · 1863
3Cited by20 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Clarke v. Lincoln Lumber Co.Wisconsin Supreme Court · 1884
- Busch v. WilcoxMichigan Supreme Court · 1890
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