Legal Opinion

D. M. Osborne & Co. v. Rider

Wisconsin Supreme Court

Decided February 3, 1885PublishedCited by 3 opinions

APPEAL from the Circuit Court for St. Croix County. The plaintiff is a corporation located at Auburn, N. Y., and engaged in the manufacture and sale of agricultural machinery. The defendant was appointed its sub-agent under a written contract, the terms of which will sufficiently appear from the opinion.

Read the full summary

APPEAL from the Circuit Court for St. Croix County. The plaintiff is a corporation located at Auburn, N. Y., and engaged in the manufacture and sale of agricultural machinery. The defendant was appointed its sub-agent under a written contract, the terms of which will sufficiently appear from the opinion. This action is brought upon that contract to recover the amount of three notes of $10 each executed by one Joseph Pable to the plaintiff for a reaper sold by the defendant, as-agent, to the said Pable. The defendant testified that after the sale of the machine to Fable he saw Steager, the…

1Opinion of the Court

Cole, O. J.

In his answer the defendant admits entering into the contract upon which this action is founded. He .must therefore respond to the liability which the contract imposes upon him, unless he has some legal excuse which relieves him from the obligation he assumed. The fifth, tenth, and fifteenth clauses of the contract are the only ones which we need consider. By the fifth clause the defendant agreed that the makers of all notes which he should send *237the plaintiff corporation under the contract should, at the time such notes were taken by him, be the notes of persons of well-known…

2Cited by3 opinions

  1. Walters v. Eagle Indemnity Co.Tennessee Supreme Court · 1933
  2. Scribner v. PalmerWashington Supreme Court · 1914
  3. Commercial Bank v. Red River Valley National BankNorth Dakota Supreme Court · 1899

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API