Wells v. American Express Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. Action for the sum of $400, alleged to have been collected by the defendant’s agent at Marshalltown, Iowa, from one Downs for the use of the plaintiff, and transmitted to defendant’s agent at Racine in this state, but which, it is alleged, the latter has neglected and refused to pay over to the plaintiff on demand. The facts shown by the evidence as understood by this court, will appear from the opinion.
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APPEAL from the Circuit Court for Racine County. Action for the sum of $400, alleged to have been collected by the defendant’s agent at Marshalltown, Iowa, from one Downs for the use of the plaintiff, and transmitted to defendant’s agent at Racine in this state, but which, it is alleged, the latter has neglected and refused to pay over to the plaintiff on demand. The facts shown by the evidence as understood by this court, will appear from the opinion. The following facts were found by the jury by special verdict, in response to questions propounded at plantiff’s request: 1. That on the 6th…
1Opinion of the CourtOetoN, J.
The complaint in this action which came to this court on appeal from the first judgment, charged that the defendant, as a common carrier, received the wagons in question from the plaintiff, and undertook to carry and deliver them to the consignee and purchaser, Downs, at Marshalltown in the state of Iowa, and to collect on such delivery, from Downs, *346the sum of eight hundred dollai-s, the value and proceeds of the same, for the plaintiff.
The complaint as amended and now before this court, charges, in effect, that the defendant received from the plaintiff, at Racine, a bill or account for the…
2Cases cited2 opinions
- Marshall v. WellsWisconsin Supreme Court · 1859
- Hubbard v. GalushaWisconsin Supreme Court · 1868
3Cited by3 opinions
- Wells v. American Express Co.Wisconsin Supreme Court · 1882
- Johnson v. BlumerWisconsin Supreme Court · 1924
- Newell v. ClappWisconsin Supreme Court · 1897