Livesley v. Lasalette
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauk County. Action for tie alleged wrongful taking and conversion by defendants, Peter and Christina Lasatiette, in January, 1869, of certain personal property, alleged to be the property of tbe plaintiff. The defendants (who were husband and wife) justified the taking under a chattel mortgage given by the plaintiff to the defendant Christina Lasatiette. Reply, that the chattel mortgage had been paid before such taking.
Read the full summary
APPEAL from the Circuit Court for Sauk County. Action for tie alleged wrongful taking and conversion by defendants, Peter and Christina Lasatiette, in January, 1869, of certain personal property, alleged to be the property of tbe plaintiff. The defendants (who were husband and wife) justified the taking under a chattel mortgage given by the plaintiff to the defendant Christina Lasatiette. Reply, that the chattel mortgage had been paid before such taking. On the trial, plaintiff introduced evidence tending to show that prior to the taking in question he had delivered to Mr. Lasalette, in…
1Opinion of the Court
Dixon, O. J.
It is well settled that the declarations of the agent, to bind or be admissible against the principal, must be made at the time of the act or transaction by the agent, and constitute a part of the res gestee ; or, if not so made, that they must be authorized by the principal. Mil. and Miss. R. R. Co., v. Finney, 10 Wis., 391. The defendant Peter Lasallette was acting as the agent of his wife, the defendant Christina, in the affair of the alleged purchase of the hops in payment of the note and mortgage. His declarations or statements at that time as to the hops being received in…
2Cited by4 opinions
- Randall v. Northwestern Telegraph Co.Wisconsin Supreme Court · 1882
- Selden v. StateWisconsin Supreme Court · 1889
- Austin v. AustinWisconsin Supreme Court · 1878
- Schafer v. Shelby Farmers Mutual InsuranceWisconsin Supreme Court · 1945