Green v. Feil
Wisconsin Supreme Court
APPEAL from the County Court of Milwaukee County. The complaint alleges, in substance, that, on etc., at defendant’s request, plaintiff obtained one green- turtle from the city of Hew York, for the defendant, at Milwaukee, at his (defendant’s) risk and expense; that he paid therefor, in Hew York, $20.40, which it was reasonably worth, and also paid the express charges from New York to Milwaukee, to wit, $4.35; and that defendant refused, on demand, to pay plaintiff said…
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APPEAL from the County Court of Milwaukee County. The complaint alleges, in substance, that, on etc., at defendant’s request, plaintiff obtained one green- turtle from the city of Hew York, for the defendant, at Milwaukee, at his (defendant’s) risk and expense; that he paid therefor, in Hew York, $20.40, which it was reasonably worth, and also paid the express charges from New York to Milwaukee, to wit, $4.35; and that defendant refused, on demand, to pay plaintiff said sums, for the aggregate amount of which, with interest, judgment is demanded. The answer, after a general denial, avers…
1Opinion of the CourtCole, J.
The court below seems to have properly directed the jury, to meet the evidence on either side. The plaintiff insisted that he was acting as an agent merely in buying the turtle for the defendant, and that he assumed no personal liability in the matter. His evidence tended to sustain, that view. And to meet that case the court told the jury, t¿at if they found from the evidence that the plaintiff acted as agent for the defendant in ordering the turtle from Hew York, and if the turtle was shipped in good order, was injured before it *623arrived at Milwaukee, witliout fault of the plaintiff, but the…
2Cited by3 opinions
- Wiger v. CarrWisconsin Supreme Court · 1907
- German Bank v. MuthWisconsin Supreme Court · 1897
- Jenkins v. McCurdyWisconsin Supreme Court · 1880