McCurdy v. Rogers
Wisconsin Supreme Court
APPEAL from the Circuit- Court for Winnebago County. Action, for bounty money. The plaintiff sued as assignee of one Lent, and averred that defendant, on the 30th of August, 1864, at the city of Oshkosh, agreed with Lent to pay him $300 if he would be mustered into the military service of the United States and credited to the town of Oshkosh; and that Lent duly performed said conditions on the 8th of September following.
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APPEAL from the Circuit- Court for Winnebago County. Action, for bounty money. The plaintiff sued as assignee of one Lent, and averred that defendant, on the 30th of August, 1864, at the city of Oshkosh, agreed with Lent to pay him $300 if he would be mustered into the military service of the United States and credited to the town of Oshkosh; and that Lent duly performed said conditions on the 8th of September following. Answer, in denial. — The plaintiff's evidence tended to sustain his averments. The defendant’s evidence tended to show that he made the contract as chairman of the town board…
1Opinion of the CourtDowner, J.
The first question is : Did the county court err in instructing the jury “ that if they found from the evidence that the defendant, as chairman of the board of supervisors of the town of Oshkosh, agreed to pay for said town to *201said Lent $300 for bis credit, the contract was not binding upon the town, and the defendant was liable therefor personally?” The town was authorized by law to pay only $200 bounty to each volunteer; and if the defendant, as agent of the town, promised to pay more than that sum, the promise was not binding on the town. The principle of the instruction is, therefore,…
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