Niagara Fire Insurance v. Whittaker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Action for a balance of $2017, alleged to have been collected by the defendant as a general agent for the plaintiff, and wrongfully converted by him.
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APPEAL from the Circuit Court for Milwaukee County. Action for a balance of $2017, alleged to have been collected by the defendant as a general agent for the plaintiff, and wrongfully converted by him. The complaint avers that defendant’s agency terminated on the 22d of December, 1868. The answer denies this averment, and alleges that on the 18th of December, 1860, plaintiff and defendant entered into a written agreement, of which one exemplar (a copy of which is set forth in the answer) was executed by the president of the plaintiff company, to defendant, and a duplicate was executed by…
1Opinion of the CourtDowner, J.
The circuit court erred in refusing parol evidence of the duplicate of the contract alleged in the answer to have been signed by the defendant and delivered to the plaintiff. It was not necessary to give any notice, other than that given by the answer, to the plaintiff to produce that duplicate, in order to entitle the defendant to give parol evidence of its execution and contents. Hammond v. Holbrook, 13 Wend., 505; Hardin v. Kretsinger, 17 Johns., 293; Cowen & Hill’s Notes to Phil. Ev., Part 2, 427, note 235. If the duplicates (duplicates in all respects except the signature), one signed by…
2Cases cited2 opinions
- Hammond v. HoppingNew York Supreme Court · 1835
- Hardin v. KretsingerNew York Supreme Court · 1820
3Cited by2 opinions
- Hunter v. BosworthWisconsin Supreme Court · 1878
- Browne v. BrowneSupreme Court of Florida · 1880