Legal Opinion

Dodge v. McDonnell

Wisconsin Supreme Court

Decided December 11, 1861PublishedCited by 22 opinions

APPEAL from the County Court of Dane County. This was an action to recover the price of some lime alleged to have been sold and delivered by one "Williams to the defendant, the account for which had been assigned to the plaintiff, Dodge. After the plaintiff had closed his evidence, a motion for a nonsuit was made and overruled, and exception taken. Verdict for plaintiff; motion for new trial overruled, and judgment.

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APPEAL from the County Court of Dane County. This was an action to recover the price of some lime alleged to have been sold and delivered by one "Williams to the defendant, the account for which had been assigned to the plaintiff, Dodge. After the plaintiff had closed his evidence, a motion for a nonsuit was made and overruled, and exception taken. Verdict for plaintiff; motion for new trial overruled, and judgment. The facts are sufficiently stated in the opinion of the court.

1Opinion of the Court

By the Court,

Paine J.

We can see no objection to the charge of the court below to the jury. Most of the instructions asked for by the defendant’s counsel were given, and the one which was refused was perhaps objectionable upon the ground of assuming that nothing but a previous author*554ity could render tbe act of an agent binding upon bis principal, when a subsequent ratification might bave tbe same effect.

But tbe conclusion to wbicb we bave come upon tbe effect of tbe evidence offered by tbe plaintiff, renders an examination of other questions unnecessary. It is well understood that courts…

2Cited by22 opinions

  1. Reifsnyder v. DoughertySupreme Court of Pennsylvania · 1930
  2. Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
  3. Burke v. . IrelandNew York Court of Appeals · 1901
  4. Barton v. KaneWisconsin Supreme Court · 1863
  5. Spensley v. Lancashire InsuranceWisconsin Supreme Court · 1882

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