Tripp v. Foster
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eond du Lac county. Ohesteb A. Eowlee, Circuit Judge. This action was brought to recover on two alleged causes of action, $1,000 on the first and $500 on the second, alleged to have been procured from the plaintiffs hy fraud in the sale of a portion of the capital stock of the Bates-Oden-brett Automobile Company, a corporation.
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Appeal from a judgment of the circuit court for Eond du Lac county. Ohesteb A. Eowlee, Circuit Judge. This action was brought to recover on two alleged causes of action, $1,000 on the first and $500 on the second, alleged to have been procured from the plaintiffs hy fraud in the sale of a portion of the capital stock of the Bates-Oden-brett Automobile Company, a corporation. The sale was made by one Bates, and it is claimed that he was acting as the agent of defendant Foster in making such sale. Foster answered denying specifically that Bates was his agent or had any authority to act for him,…
1Dissent 1
Tbe following opinion was filed April 16, 1914:
2Dissent · MaeshallMaeshall, J.
I dissent from tbe decision in this casé, and more particularly, from tbe reasoning upon which it is based. I apprehend I am not alone in regard to tbe latter.
To give a clearer view of tbe facts than tbe court’s statement affords I will give them as they appear to me. Defendant held $5,000, par value, of .the corporate stock of tbe *539Automobile Company of wbicb Bates was manager. It was important for tbe company; but more particularly for appellant, to realize on tbe stock. It was for sale for the purpose' of paying a debt to appellant who held tbe…
3Cases cited8 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Fraser v. Ætna Life Insurance Co.Wisconsin Supreme Court · 1902
- Morse v. RyanWisconsin Supreme Court · 1870
- Twentieth Century Co. v. QuillingWisconsin Supreme Court · 1908
- Burke v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1892
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