Lawrence University v. Smith
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Winnebago County. Action (commenced in 1871) for money bad and received by defendant for tbe use of plaintiff.
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APPEAL from tbe Circuit Court for Winnebago County. Action (commenced in 1871) for money bad and received by defendant for tbe use of plaintiff. Tbe complaint avers, in substance, that some time .previous to 1860, defendant was appointed by plaintiff its agent to solicit donations for its use; that as sucb agent be received as a donation to plaintiff, in 1860, from one Newball, of tbe state of Massachusetts, a note given by one Howard, of the state of Michigan, for $500, with interest; that defendant retained possession of this note until about January 1, 1866, when said Howard paid the note…
1Opinion of the CourtDixoN, C. J.
Tbe judgment must be reversed for error in tbe rejection of testimony, and for improper direction by the court to tbe jury to find a verdict for the plaintiff.
Tbe court erred in sustaining the objection to tbe question put to tbe witness Paine, as to what disposition tbe trustees made of the report of tbe committee appointed to settle tbe endowment fund account of the defendant. Mr. Paine and Mr. Jennie were tbe committee appointed by tbe board of trustees of tbe plaintiff to settle that account with tbe defendant, and they did settle it with him [in June, 1862], and reported their action to…
2Cases cited2 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Cutler v. HurlbutWisconsin Supreme Court · 1871
3Cited by9 opinions
- Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882
- Lewis v. PrienWisconsin Supreme Court · 1897
- Mason v. Harper's Ferry Bridge Co.West Virginia Supreme Court · 1886
- Copp v. German American Insurance Co.Wisconsin Supreme Court · 1881
- Sabotta v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1882
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