Gay v. Osborne
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: R. G-. Siebeckeb, Circuit Judge. The appeal is from a judgment in plaintiff’s favor in an action to recover the value of a quantity of binding twine alleged to be the property of plaintiff and to have been wrongfully converted by defendant to its own use.
Read the full summary
Appeal from a judgment of the circuit court for Dane county: R. G-. Siebeckeb, Circuit Judge. The appeal is from a judgment in plaintiff’s favor in an action to recover the value of a quantity of binding twine alleged to be the property of plaintiff and to have been wrongfully converted by defendant to its own use. The undisputed facts are that from April 15, 1897, to October 1, 1897, J. W. Dowling was agent for the defendant under a written contract to receive, care for, sell, and account for, its goods in Madison, Wisconsin, and that vicinity. The agency contract required Dowling at the…
1Opinion of the CourtMarshall, J.
There is no dispute as to the facts in this case. They were agreed upon between the parties, and the findings of the trial court are in substance in accordance therewith. The question presented is one of law and may be stated as follows: If an agent, appointed for a fixed period to receive and sell merchandise for his principal and deliver to the latter at the end of such period all goods left and pay for those sold, at the time of adjusting his accounts at the end of the period pretends to produce and exhibit a,11 goods unsold, resulting in an apparent shortage in his accounts, representing…
2Cases cited11 opinions
- Pence v. LangdonSupreme Court of the United States · 1879
- Moller v. . TuskaNew York Court of Appeals · 1881
- Crook v. First National Bank of BarabooWisconsin Supreme Court · 1892
- Tootle v. First Natl. BankNebraska Supreme Court · 1892
- Warren v. LandryWisconsin Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Bowe v. GageWisconsin Supreme Court · 1906
- Bettendorf v. BettendorfSupreme Court of Iowa · 1920
- Hegarty v. American Commonwealths Power Corp.Court of Chancery of Delaware · 1932
- Fosila v. O'DonnellWisconsin Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.