Kasson v. Noltner
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action upon a promissory note given by defendant to plaintiffs, for $85 and ten per cent, interest, dated December 15, 1873, due eighteen months after date, and payable to the order of plaintiffs “ at the Singer office, Madison, ’Wis.” The note contains the following stipulation: “No credit allowed on this note unless indorsed on the bach by the payee.”
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APPEAL from the Circuit Court for Dane County. Action upon a promissory note given by defendant to plaintiffs, for $85 and ten per cent, interest, dated December 15, 1873, due eighteen months after date, and payable to the order of plaintiffs “ at the Singer office, Madison, ’Wis.” The note contains the following stipulation: “No credit allowed on this note unless indorsed on the bach by the payee.” The defendant in his answer admits the execution of the note, and alleges as a defense that it was fully paid and satisfied before the commencement of the action. The action was brought before a…
1Opinion of the CourtLyon, J.
1. The rule of law which controls the decision of this case is, that “ a principal is responsible, either when he has given to an agent sufficient authority, or when he justifies a party dealing with his agent in believing that he has given to the agent his authority.” This rule, says Professor Parsons, may be called the foundation of the law of agency. 1 Pars, on Con., 44. And Judge Story, in his commentaries on the law of agency, lays down the same rule more elaborately, and says it is founded in the maxim of natural justice, that he who has, although innocently, enabled any person to *651do an…
2Cases cited2 opinions
- Hill v. SherwoodWisconsin Supreme Court · 1854
- Strachan v. MuxlowWisconsin Supreme Court · 1869
3Cited by10 opinions
- McLeod v. DespainOregon Supreme Court · 1907
- Pluto Powder Co. v. Cuba City State BankWisconsin Supreme Court · 1913
- Bentley v. DoggettWisconsin Supreme Court · 1881
- Wagner v. McCoolIndiana Court of Appeals · 1913
- Henricksen v. HenricksenDistrict Court, E.D. Wisconsin · 1980
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