Bergenthal v. Fiebrantz
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. Action to recover $300 alleged to have been paid to the defendant by one William Bergenthal,- the agent of the plaintiff, for the plaintiff, through a mistake of fact arising from a misrepresentation of the defendant. ■ The complaint alleges that in 1875 the plaintiff was in Europe, and William Bergenthal, his brother, had in his absence the general charge and management of his business in Milwaukee; that the defendant stated…
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APPEAL from the County Court of Milwaukee County. Action to recover $300 alleged to have been paid to the defendant by one William Bergenthal,- the agent of the plaintiff, for the plaintiff, through a mistake of fact arising from a misrepresentation of the defendant. ■ The complaint alleges that in 1875 the plaintiff was in Europe, and William Bergenthal, his brother, had in his absence the general charge and management of his business in Milwaukee; that the defendant stated and represented to William, while so acting for the plaintiff, that the latter was indebted to him in the sum of $300,…
1Opinion of the CourtLyon, J.
Eeturn was made on the present appeal before a proper bill of exceptions had been settled, and, on motion of counsel for the appellant, by order of this court, the record was remitted to the county court for the purpose of obtaining a further return. The object of the order was to have the bill of exceptions attached to the record and returned, but it was not so expressed in the order. The learneS county judge seems to have been in doubt as to the purpose of the order, but by his direction a further return has been made consisting of a large mass of testimony certified by the reporter to be a…
2Cases cited2 opinions
- Oliver v. TownWisconsin Supreme Court · 1869
- Sexton v. WillardWisconsin Supreme Court · 1871
3Cited by4 opinions
- Nilson v. MorseWisconsin Supreme Court · 1881
- Paul v. SmithMissouri Court of Appeals · 1890
- Carter v. Iowa State Business Men's Building & Loan Ass'nSupreme Court of Iowa · 1907
- Le Clair v. HawleyWyoming Supreme Court · 1908