Chicago & North-Western Railway Co. v. James
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action for damages for a conversion by defendants to their own use of a lot of pine logs alleged to have been cut on plaintiff’s land and to have been its property. The defense was, that defendants bought the logs'of oné Weatherby, by whom the logs were cut (in the winter of 1865-6) under a license from James McGillan, who acted as agent for the plaintiff.
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APPEAL from the Circuit Court for Winnebago County. Action for damages for a conversion by defendants to their own use of a lot of pine logs alleged to have been cut on plaintiff’s land and to have been its property. The defense was, that defendants bought the logs'of oné Weatherby, by whom the logs were cut (in the winter of 1865-6) under a license from James McGillan, who acted as agent for the plaintiff. On the question whether McGillan had authority to grant the license, the evidence on the part of defendants was as follows: E. C. Goff: “I am timber agent of the plaintiff P. IT. Smith…
1Opinion of the Court
DixoN, C. .J.
The court instructed the jury, “ that if P. TT Smith is a director or vice-president of the company, and, in point of fact, in the actual charge of the lands of the company, appointing agents to protect- them from trespasses, or to sell the lands or timber, as they shall be advised, and the jury in the absence of testimony, may presume that Smith had authority to the extent to which he assumed to act.” The language of the instruction is somewhat inaccurate and ambiguous, and there are doubtless some mistakes either with the writer or printer. The words “ and the jury,” at the…
2Cases cited2 opinions
- Bridgeport Bank v. New York & New Haven RailroadSupreme Court of Connecticut · 1861
- Walworth County Bank v. Farmers' Loan & Trust Co.Wisconsin Supreme Court · 1861
3Cited by8 opinions
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- City Electric Street Railway Co. v. First National Exchange BankSupreme Court of Arkansas · 1896
- Hyde v. LarkinMissouri Court of Appeals · 1889
- Rogers v. Hastings & Dakota Railway Co.Supreme Court of Minnesota · 1875
- Mason v. RobertsOhio Court of Appeals · 1971
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