McDermott v. Jackson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. This is an action to recover $500 and interest for money loaned. The complaint contains two counts, one upon a promissory note, and one for money had and received.
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Appeal from a judgment of the circuit court for Eau Claire county: James O’Neill, Circuit Judge. This is an action to recover $500 and interest for money loaned. The complaint contains two counts, one upon a promissory note, and one for money had and received. The undisputed fact was that the money was loaned by the plaintiff to one Arthur Jackson, the defendant’s son, who was operating a large jewelry store in the city of Eau Claire for his father, and that a note was given for it signed by Arthur Jackson as bis father’s note. Arthur Jackson represented to plaintiff that the money was for…
1Opinion of the CourtWinslow, J.
It is unfortunate that there must be a third trial of this case, but no judgment for the plaintiff seems possible upon the special verdict before us.
There were three grounds of recovery which the plaintiff was entitled to have submitted to the jury, viz.: (1) Actual authority on the part of Arthur to execute the note; (2) apparent authority; and (3) ratification by the defendant. These grounds of recovery were fully discussed in the opinion of Mr. Justice Maeshall upon the former appeal. 97 Wis. 64. It was then said, in effect, that there was evidence from which it might be properly found…
2Cases cited1 opinion
- McDermott v. JacksonWisconsin Supreme Court · 1897
3Cited by6 opinions
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
- Rhyner v. City of MenashaWisconsin Supreme Court · 1900
- Byington v. City of MerrillWisconsin Supreme Court · 1901
- Domasek v. KluckWisconsin Supreme Court · 1902
- Lyle v. McCormick Harvesting Machine Co.Wisconsin Supreme Court · 1900
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