Garbutt v. Bank of Prairie du Chien
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Crawford County. Replevin. Tbe plaintiffs obtained possession of tbe property (consisting of groceries), and sold it pending tbe action. Tbe goods were originally sold by plaintiffs to one Dayton, through their traveling agent, one Platt, who testified for them substantially as follows: “ I took the order for tbe goods in February, 1865, at Dayton’s store, in Ossian, Iowa.
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APPEAL from tbe Circuit Court for Crawford County. Replevin. Tbe plaintiffs obtained possession of tbe property (consisting of groceries), and sold it pending tbe action. Tbe goods were originally sold by plaintiffs to one Dayton, through their traveling agent, one Platt, who testified for them substantially as follows: “ I took the order for tbe goods in February, 1865, at Dayton’s store, in Ossian, Iowa. The teas and certain other goods were to be paid for' in four months; raw sugars and certain other goods in sixty days; tbe balance were to be cash; tbe invoices show particularly. Notes…
1Opinion of the CourtCole, J.
The evidence in this case will hardly warrant us in saying that the sale of the goods by the plaintiffs to Dayton should be avoided on account of fraud. It does not appear that Dayton made any fraudulent representations in regard to his business, or resorted to any artifice to deceive the vendors in-respect to his pecuniary responsibility. The witness Platt, who was a traveling agent for the plaintiffs in Iowa and Wisconsin, testifies that he went to Dayton’s store at Ossian, and solicited the order from him. He says : “ After I had received the order for the goods from Dayton, I saw it was a…
2Cases cited4 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Snyder v. WrightWisconsin Supreme Court · 1861
3Cited by14 opinions
- Parkison v. ThompsonIndiana Supreme Court · 1905
- Jasper v. HazenNorth Dakota Supreme Court · 1894
- Zucker v. KarpelesMichigan Supreme Court · 1891
- Watson v. SilsbyMassachusetts Supreme Judicial Court · 1896
- Lee v. SimmonsWisconsin Supreme Court · 1886
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