Beloit & Madison Railroad v. Palmer
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Action to recover the amount of an alleged subscription by the defendant to the stock of the plaintiff.
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APPEAL from the Circuit Court for Dane County. Action to recover the amount of an alleged subscription by the defendant to the stock of the plaintiff. After denying the material allegations of the complaint, the answer avers, as a special defense, that in 1862 the defendant, with several other residents of the town of Oregon, in Dane county, agreed with each other to take stock in said railroad company, provided its track and depot, in said town, should “first be located, established, built and constructed” at the eastof the village of Rome Corners; and said other residents, with this mutual…
1Opinion of the Court
By the Court,
DIXON., C. J.
I think that Bedford was not the agent of the railroad company so that a delivery to him was a delivery to the company; or so that the condition may not be shown to defeat the subscription in the hands of the company. I do not see how he was the agent of the company in any sense, but if he was, it was a qualified and subordinate agency growing out of his appointment as one of the committee on the part of the subscribers. The company never made him its agent, and he had no authority to act for it except what is to be inferred from the fact that he was permitted as *581a…
2Cited by8 opinions
- Minneapolis Threshing Machine Co. v. DavisSupreme Court of Minnesota · 1889
- Rehbein v. RahrWisconsin Supreme Court · 1901
- Andrews v. ThayerWisconsin Supreme Court · 1872
- Blair v. Security BankSupreme Court of Virginia · 1905
- Franklin v. KillileaWisconsin Supreme Court · 1905
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