Klein v. Montgomery Ward & Co.

We have no doubt that the so-called admission should have been excluded and its receipt in evidence was not rendered unprejudicial by the instruction on it. Appellant relies on United American Fire Ins. Co. v. American Bonding Co. (1911), 146 Wis. 573, 131 N. W. 994, to establish the admissibility of the manager’s statement. In that case an employee admitted that he had embezzled some collections. We held that the admission was made while the employee was performing his contract obligation to account for moneys collected and was admissible as part of the res gestae. Two justices dissented on…