Truman v. McCollum
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action on a note and mortgage executed by James F. Mc-Collum to the La Crosse & Milwaukee Railroad Company, in June, 1855, to be paid for in its capital stock. The note was for $6000, payable to the said railroad company or its order, January 1st, 1865, with interest at eight per cent., at the city of Milwaukee.
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APPEAL from the Circuit Court for Dodge County. Action on a note and mortgage executed by James F. Mc-Collum to the La Crosse & Milwaukee Railroad Company, in June, 1855, to be paid for in its capital stock. The note was for $6000, payable to the said railroad company or its order, January 1st, 1865, with interest at eight per cent., at the city of Milwaukee. The defendants haying requested that certain of the issues made by the pleadings might, be tried by a jury, the judge assented, but declared that he should not feel bound by the yerdict. The following issues were submitted to the jury,…
1Opinion of the CourtCole, J.
The defense relied on to defeat a recovery on the note and mortgage upon which the action is brought, is, that these securities were placed in the hands of Mr. Burchard on a special trust and confidence, to be delivered to the railroad company if certain parol conditions were fulfilled; otherwise to be returned to the makers; and that the railroad company got possession of these securities without performing the conditions, and without the assent of the makers or of the party who held them. It appears, however, that Mr. Burchard was *370acting solely as tlie agent of tlie railroad company in…
2Cases cited2 opinions
- Wallace v. McConnellSupreme Court of the United States · 1839
- Worrall v. . MunnNew York Court of Appeals · 1851
3Cited by10 opinions
- Callanan v. JuddWisconsin Supreme Court · 1868
- Bentley v. DavidsonWisconsin Supreme Court · 1889
- Klein v. ValeriusWisconsin Supreme Court · 1894
- Miley v. HeaneyWisconsin Supreme Court · 1918
- Comstock v. SmithMichigan Supreme Court · 1873
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