Bentley v. Doggett
Wisconsin Supreme Court
APPEAL from the Circuit Court for Orcont County. Action to recover $50, with interest, upon an account for livery furnished in February and May, 1875, to one I. 0. Otis, a servant and agent of the defendants, which livery, it is alleged in the complaint, “was used and employed by the said I. 0. Otis in and about the business of the said defendants, and at their special instance and request.” The account attached to the complaint was made out against Otis.
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APPEAL from the Circuit Court for Orcont County. Action to recover $50, with interest, upon an account for livery furnished in February and May, 1875, to one I. 0. Otis, a servant and agent of the defendants, which livery, it is alleged in the complaint, “was used and employed by the said I. 0. Otis in and about the business of the said defendants, and at their special instance and request.” The account attached to the complaint was made out against Otis. The facts shown by the evidence, and the exceptions relied upon by the defendants, are thus stated by Mr. Justice TatloR: “ The plaintiff…
1Opinion of the CourtTayloR, J.
It is clearly shown by the evidence that it was not only convenient but necessary for the agent, Otis, to have the use of horses and carriages in order to transact the business he was employed to transact; and the only question is, whether he could bind his principals by hiring them upon their credit. Otis was the agent of the defendants for the purpose of traveling about the country with samples of their merchandise, contained in trunks, which rendered it necessary to have a team and carriage to transport him and his samples from place to place, with full authority to sell their merchandise…
2Cases cited10 opinions
- Smith v. . TracyNew York Court of Appeals · 1867
- Houghton v. First National BankWisconsin Supreme Court · 1870
- Andrews v. KneelandNew York Supreme Court · 1826
- Champion v. DotyWisconsin Supreme Court · 1872
- Hinton v. ColemanWisconsin Supreme Court · 1878
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3Cited by10 opinions
- Massachusetts Bonding Ins. Co. v. VanceSupreme Court of Oklahoma · 1918
- National Surety Co. v. MiozranySupreme Court of Oklahoma · 1916
- Bouck v. EnosWisconsin Supreme Court · 1884
- Huntley v. . MathiasSupreme Court of North Carolina · 1884
- Pluto Powder Co. v. Cuba City State BankWisconsin Supreme Court · 1913
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