Sanger v. Dun
Wisconsin Supreme Court
APPEAL from the County Court of Milvxmlcee County. On the 5th of September, 1874, plaintiffs, at the city of Milwaukee, put into defendants’ hands, for collection, a claim, in the form of an account, against L. P. Rogers & Eros., of Foxburgh, Pa. Defendants forwarded the claim to an attorney at St. Petersburgh, a village in the same county as Fox-burgh, who collected the whole amount of the claim, but never paid over any part of it to either the defendants or the plaintiffs.
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APPEAL from the County Court of Milvxmlcee County. On the 5th of September, 1874, plaintiffs, at the city of Milwaukee, put into defendants’ hands, for collection, a claim, in the form of an account, against L. P. Rogers & Eros., of Foxburgh, Pa. Defendants forwarded the claim to an attorney at St. Petersburgh, a village in the same county as Fox-burgh, who collected the whole amount of the claim, but never paid over any part of it to either the defendants or the plaintiffs. This action was brought to recover the amount from defendants. The complaint alleges that at the time when such claim…
1Opinion of the CourtCole, J.
We are all clear in the opinion that this case must be decided upon the receipts offered in evidence, which constitute the contract, and fix the rights and liabilities of the parties. These receipts are plain and distinct in their language, and no good reason was suggested on the argument why they are not valid and binding upon the parties executing them. True, it was said by the learned counsel for the plaintiffs, that *620the proof shows that Mr. Rockwell did not read the receipts, or know or understand that they contained a clause restricting the liability of the defendants. To this remark we…
2Cases cited5 opinions
- Upton v. TribilcockSupreme Court of the United States · 1875
- Germania Fire Insurance v. Memphis & Charlestown RailroadNew York Court of Appeals · 1878
- Fuller v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
- Hill v. . Syr., Bing. and N.Y.R.R. Co.New York Court of Appeals · 1878
- Wheaton v. . FayNew York Court of Appeals · 1875
3Cited by16 opinions
- Chicago, St. P., M. & O. Ry. Co. v. BelliwithCourt of Appeals for the Eighth Circuit · 1897
- Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
- Herbst v. LoweWisconsin Supreme Court · 1886
- Lusted v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Jackowski v. Illinois Steel Co.Wisconsin Supreme Court · 1899
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