Shoemaker v. Hinze
Wisconsin Supreme Court
APPEAL from the Circuit Court for WauhesJm County. The action is to recover $40, which the complaint alleges “ the defendant received from the plaintiff, as his agent, . . . to the use of the plaintiff.” Demand of payment thereof before action, and neglect of the defendant to pay the same, are also alleged.
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APPEAL from the Circuit Court for WauhesJm County. The action is to recover $40, which the complaint alleges “ the defendant received from the plaintiff, as his agent, . . . to the use of the plaintiff.” Demand of payment thereof before action, and neglect of the defendant to pay the same, are also alleged. The answer, in addition to the general denial, is in substance that the, money was received by the defendant as a bailment, without compensation, and that it was stolen from him without his fault or negleet. The case is further stated in the opinion. The plaintiff recovered, and the…
1Opinion of the CourtLyon, J.
The uncontradieted evidence is, that the plaintiff, when at work for the defendant, requested the defendant to take care of $40 in money for him. After some hesitation, the defendant consented to do so, and received the money. The defendant thereupon, presumably in the presence of the plaintiff, plaeed the money, with other money of his own, in his wallet. The next day the defendant took a small amount of money from the wallet for use, and in the evening of that day added $100 of his own money to that remaining therein. The evidence tends to show that during the same night the wallet and…
2Cases cited2 opinions
- Van Trott v. WieseWisconsin Supreme Court · 1874
- Dufresne v. WeiseWisconsin Supreme Court · 1879
3Cited by14 opinions
- Williams v. WilliamsWisconsin Supreme Court · 1882
- Farmers State Bank v. Sig Ellingson & Co.Supreme Court of Minnesota · 1944
- Norris v. NorrisOhio Court of Appeals · 1943
- Fidelity Savings & Loan Ass'n v. RodgersCalifornia Supreme Court · 1919
- Parker State Bank v. PenninggtonCourt of Appeals for the Eighth Circuit · 1925
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