Champion v. Doty
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Fayette County. Tbe following statement of tbe case was prepared by Mr. Justice Cole as á part of bis opinion: “ Tbis is an action to recover tbe value of a bill of goods and merchandise delivered by tbe plaintiff to one Sandford.
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APPEAL from tbe Circuit Court for La Fayette County. Tbe following statement of tbe case was prepared by Mr. Justice Cole as á part of bis opinion: “ Tbis is an action to recover tbe value of a bill of goods and merchandise delivered by tbe plaintiff to one Sandford. Tbe plaintiff, wbo is a merchant, claims and attempts to show that be sold and delivered these goods solely on the faith and credit of the defendant, wbo promised to pay for them, and that be refused to trust Sandford, not considering him pecuniarily responsible. It appeared in evidence that tbe goods were charged in tbe…
1Opinion of the CourtCole, J.
We are of the opinion that the court erred in holding that the entries in the books were conclusive upon the question to whom the credit was originally given. The fact that the goods were charged to Sandford was a very strong circumstance to show that the credit was given to him, and that the plaintiff looked to him for payment in the first instance. But it was not conclusive upon that point, but might be explained and made entirely consistent with the assumption of the defendant’s' primary liability. Hazen v. Bearden, 4 Sneed (Tenn.), 48; Swift v. Pierce, 13 Allen, 136; Walker v. Richards,…
2Cited by10 opinions
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- Bentley v. DoggettWisconsin Supreme Court · 1881
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