Brayton v. Chase
Wisconsin Supreme Court
On the 16th day of November 1852, Brayton sued Chase by summons in an' action of trespass on the case upon promises in the Columbia County Court. The writ was returnable to the Feb. Term 1853, and such proceedings were subsequently had, that at the November Term 1853, the cause was tried, and the plaintiff nonsuited. The declaration contained two special counts and one common count. Plea the general issue.
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On the 16th day of November 1852, Brayton sued Chase by summons in an' action of trespass on the case upon promises in the Columbia County Court. The writ was returnable to the Feb. Term 1853, and such proceedings were subsequently had, that at the November Term 1853, the cause was tried, and the plaintiff nonsuited. The declaration contained two special counts and one common count. Plea the general issue. The first countin the declaration set forth that the plaintiff was a farmer and had, in the year 1851, large crops of winter and spring grain, and that he would be unable with his hands to…
1Opinion of the Court
By the Court,
Whitoi>t, C. J.
We think the non-suit in this case was right.
The testimony clearly showed that Chase, the defendant below, acted as the agent of Seyinoiy & Morgan in making the contract with Bray ton for the sale of the reaper, and that that fact was disclosed to the plaintiff. The objection which was made at the trial to the disclosure of the witness (Howe), by which these facts were established, on account of the employ' ment of Howe to assist the plaintiff at the trial of the suit before the justice, is untenable. The communication which was made to the witness by the plaintiff…
2Cited by8 opinions
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- Kellogg v. MalickWisconsin Supreme Court · 1905
- Thomas, Badgley & Wentworth Manufacturing Co. v. Wabash, St. Louis & Pacific Railway Co.Wisconsin Supreme Court · 1885
- Shadbolt & Boyd Iron Co. v. TopliffWisconsin Supreme Court · 1893
- J. I. Case Threshing MacH. Co. v. O'KeefeCourt of Appeals of Texas · 1924
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