Burke v. Milwaukee, Lake Shore & Western Railway Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marathon County. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. They contended, inter alia, that the promise made by the defendant’s auditor that the station agent would not be discharged cannot bind the defendant. Kelly v. Troy F. Ins. Go. 3 Wis. 254; National L. Ins. Co. v. Minch, 53 U. T. 144-150; 1 Am. & Eng.
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APPEAL from the Circuit Court for Marathon County. The facts are sufficiently stated in the opinion. The defendant appeals from a judgment in favor of the plaintiff. They contended, inter alia, that the promise made by the defendant’s auditor that the station agent would not be discharged cannot bind the defendant. Kelly v. Troy F. Ins. Go. 3 Wis. 254; National L. Ins. Co. v. Minch, 53 U. T. 144-150; 1 Am. & Eng. Ency. of Law, 423. The acceptance and retention of the money advanced by plaintiff was not a ratification of the unauthorized acts and statements of the auditor. Ratification to be…
1Opinion of the CourtOrton, J.
One Sky Yerbeck was station agent of the appellant company at Wausau, in this state, in March, 1889. One Merrill was traveling auditor of the company, whose business it was to visit station agents and look into the *412state of their accounts with the company. He found Yer-beck behind about $600 in his business with the company. They both together called upon the respondent, and Merrill told him that one Clayton and one Alexander had consented to contribute $200 each towards making up such shortage of Yerbeck, if he, the respondent, would also pay $200. Merrill assured him that Yerbeck only owed…
2Cases cited3 opinions
- Law v. GrantWisconsin Supreme Court · 1875
- Grannis v. HookerWisconsin Supreme Court · 1871
- Morse v. RyanWisconsin Supreme Court · 1870
3Cited by5 opinions
- Arnold v. National Bank of WaupacaWisconsin Supreme Court · 1905
- Fintel v. CookWisconsin Supreme Court · 1894
- Waisman v. WagnerWisconsin Supreme Court · 1938
- Tripp v. FosterWisconsin Supreme Court · 1914
- United States Fidelity & Guaranty Co. v. Town of SpiritWisconsin Supreme Court · 1929