Phœnix Mutual Life Insurance v. Walrath
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The case is stated in the opinion. The circuit court directed the jury to return a verdict for the plaintiff for the sum of $9,172.22; and from a judgment on such verdict the defendant appealed. 1. The appellant should have been pei’mitted to show, under the general denial, that he was authorized by the respondent to retain the moneys in question for certain demands growing out of his agency.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. The case is stated in the opinion. The circuit court directed the jury to return a verdict for the plaintiff for the sum of $9,172.22; and from a judgment on such verdict the defendant appealed. 1. The appellant should have been pei’mitted to show, under the general denial, that he was authorized by the respondent to retain the moneys in question for certain demands growing out of his agency. Such evidence would have been admissible in the former action of trover, under the plea of the general issue. 1 Qhitty’s PL, 490, 499; Stephen on Pi.,…
1Opinion of the Court
The following'opinion was filed October 18, 1881:
Taylor, J.
This is an action brought by the respondent against the appellant to recover moneys alleged to have been *672Collected by the appellant as the agent of the respondent, and which, it is also alleged, the appellant had unlawfully converted to his own use. The complaint charges that the moneys were collected and converted in 1880. The answer is a general denial. The pleadings were not verified by either party. On the trial, the respondent, to sustain his complaint, offered in evidence a contract made between the respondent and appellant,…
2Cases cited11 opinions
- Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
- Vilas v. MasonWisconsin Supreme Court · 1870
- Robinson v. FrostNew York Supreme Court · 1853
- Timp v. DockhamWisconsin Supreme Court · 1873
- Carmichael v. ArgardWisconsin Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Webb v. WegleyNorth Dakota Supreme Court · 1910
- Palmer v. SchultzWisconsin Supreme Court · 1909
- Trustees of St. Clara Female Academy v. Northwestern National InsuranceWisconsin Supreme Court · 1899
- Kleimenhagen v. DixonWisconsin Supreme Court · 1904
5 more not listed; retrieve them via the Exa API.