Hutchins v. Da Costa
Wisconsin Supreme Court
APPEAL from the Circuit Court for Douglas County. This action was commenced October 14, 1893, to recover the amount of a check of which the following is a copy, to wit: “ New York, October 28th, 1891. “ National Banh of Commerce in New Yorh, “ Pay to Frank Ostrander, or order, twenty-five hundred dollars. “ $2,500. A. M. Da. Costa.”
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APPEAL from the Circuit Court for Douglas County. This action was commenced October 14, 1893, to recover the amount of a check of which the following is a copy, to wit: “ New York, October 28th, 1891. “ National Banh of Commerce in New Yorh, “ Pay to Frank Ostrander, or order, twenty-five hundred dollars. “ $2,500. A. M. Da. Costa.” The defense alleged and relied upon is to the effect that October 27,1891, the said Da Costa and the said Ostrander entered into a written contract, dated October 27, 1891, reciting, in effect, that Ostrander had received of Da Costa $2,500 (being the check in…
1Opinion of the CourtOassoday, J.
The foregoing statement contains the leading facts in the case. The land mentioned was the property of Ostrander. The plaintiff had no right, title, or interest in the land. He was the agent of Ostrander, and as such negotiated the contract of sale with the defendant. The plaintiff’s contract or arrangement with Ostrander was such that he was to receive a commission on such sale; but he was in no sense the agent of the defendant, and had no contractual relation with him of any kind. He testified to the effect that he was not acting for the defendant in the transaction; that he never acted as…
2Cases cited2 opinions
- Kneeland v. SchmidtWisconsin Supreme Court · 1890
- O'Donnell v. BrandWisconsin Supreme Court · 1893
3Cited by7 opinions
- Maxon v. GatesWisconsin Supreme Court · 1901
- Niesen v. EricksonCourt of Appeals for the Seventh Circuit · 1939
- Wyss v. AlbeeCourt of Appeals of Wisconsin · 1994
- Hogue v. Farmers' Mutual Fire Insurance Co.Wisconsin Supreme Court · 1903
- Wilcox v. ScallonWisconsin Supreme Court · 1910
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