Mayhew v. Mather
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygan County. Beplevin to recover 3,979 pounds of cheese. Plaintiff was a cheese manufacturer at Greenbush, Sheboygan county, and claimed that the defendant Mather, pretending to be the agent of William E. Smith & Co., a solvent firm of New York, agreed to purchase the cheese in suit of plaintiff, and that the plaintiff, relying on such representations as to Mather's agency, and knowing the firm of William E. Smith & Co. to be solvent,…
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APPEAL from the Circuit Court for Sheboygan County. Beplevin to recover 3,979 pounds of cheese. Plaintiff was a cheese manufacturer at Greenbush, Sheboygan county, and claimed that the defendant Mather, pretending to be the agent of William E. Smith & Co., a solvent firm of New York, agreed to purchase the cheese in suit of plaintiff, and that the plaintiff, relying on such representations as to Mather's agency, and knowing the firm of William E. Smith & Co. to be solvent, delivered the said cheese to Mather at Sheboygan; that Mather, after delivery of the cheese, denied his purchase as…
1Opinion of the CourtWiNslow, J.
It appears that the dealings between the plaintiff and the defendant Mather began in May, 1889, when the plaintiff claims that an arrangement was made between them by which he (plaintiff) was to make and deliver to defendant cheese for the season to fill orders from William E. Smith & Co. of New York. The cheese was to be stenciled with the name of William E. Smith & Co., and delivered to defendant at Sheboygan, at the market price. The defendant claims that the arrangement in May was only for some white cheese to fill only one order from William-E. Smith & Co., and extended no further.…
2Cases cited1 opinion
- Moody v. BlakeMassachusetts Supreme Judicial Court · 1875
3Cited by7 opinions
- Met-Al, Inc. v. Hansen Storage Co.District Court, E.D. Wisconsin · 1993
- Petty v. BorgUtah Supreme Court · 1944
- Met-Al, Inc. v. Hansen Storage Co.District Court, E.D. Wisconsin · 1994
- Chiplock v. Steuart Motor Co.District of Columbia Court of Appeals · 1952
- Hoeffler Manufacturing Co. v. Casualty Co. of AmericaWisconsin Supreme Court · 1916
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