Jalie v. Cardinal
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Action to recover for money alleged to have been • lost to plaintiff, through defendants’ negligence,'while the former was stopping as a guest at the inn alleged to have been lcept by defendants as partners. The defendants, in their answer, and also by affidavit, denied the allegation of partnership, but admitted that at the time plaintiff is alleged to have lost his money, Cyril Cardinal, one of the defendants, kept an inn.
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APPEAL from the Circuit Court for Chippewa County. Action to recover for money alleged to have been • lost to plaintiff, through defendants’ negligence,'while the former was stopping as a guest at the inn alleged to have been lcept by defendants as partners. The defendants, in their answer, and also by affidavit, denied the allegation of partnership, but admitted that at the time plaintiff is alleged to have lost his money, Cyril Cardinal, one of the defendants, kept an inn. They denied also that the plaintiff was ever their guest; but alleged that at the time named in the complaint, he was a…
1Opinion of the Court
DixoN, O. J.
It was submitted to the jury to determine whether the defendants were partners, or not, at the time the money in question was stolen ; and they were instructed that if no partnership existed, then their verdict should be for the defendants. The jury returned a verdict against the defendants, and hence must have found that the defendants were partners at the time of the loss. It is now insisted that there was no sufficient evidence to sustain this finding. It appears to us that, upon the testimony of the defendant Cyril Cardinal and his witness Carr alone, the verdict cannot be…
2Cases cited2 opinions
- Trope v. KernsCalifornia Supreme Court · 1890
- Hall v. PikeMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
- Fay v. Pacific Improvement Co.California Supreme Court · 1892
- Langford v. RogersMichigan Supreme Court · 1936
- Harris v. CameronWisconsin Supreme Court · 1892
- Birdsall v. FraenzelWisconsin Supreme Court · 1913
- Curtis v. MurphyWisconsin Supreme Court · 1885
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