Peters v. Kanzenbach
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. The appeal is from a judgment dismissing the complaint, with costs, judgment having been entered pursuant to a directed verdict. One A. J. Weir, alleged to be the owner of a valid claim for $60 ágainst the defendant, placed the same in the hands of the plaintiff, a collection agent, for collection.
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Appeal from a judgment of the circuit court for Columbia county: Chester A. Fowler, Circuit Judge. The appeal is from a judgment dismissing the complaint, with costs, judgment having been entered pursuant to a directed verdict. One A. J. Weir, alleged to be the owner of a valid claim for $60 ágainst the defendant, placed the same in the hands of the plaintiff, a collection agent, for collection. The defendant called upon the plaintiff while the plaintiff had such claim for collection, and entered into an arrangement with him by the terms of which the plaintiff executed and handed to the…
1Opinion of the Court
The following opinion was filed November 15, 1921:
Doerfler, J.
In the first place, the plaintiff was not authorized to execute and deliver to the defendant a release such as is referred to above. The defendant was not indebted to the plaintiff, but was indebted to Weir. Weir had not consented to the acceptance by the plaintiff of the note executed by the defendant. Consequently it follows that the release delivered to the defendant was not a binding or valid release, as appears from the evidence, and as a result the note executed to the plaintiff was not executed pursuant to a valid…
2Cases cited3 opinions
- Johnson v. CatlinSupreme Court of Vermont · 1854
- Waterman v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
- Salter v. KruegerWisconsin Supreme Court · 1886
3Cited by1 opinion
- Lutz v. DunnWisconsin Supreme Court · 1926