Strachan v. Muxlow
Wisconsin Supreme Court
' APPEAL from the Circuit Court for La Fayette County. Action upon a promissory note for $100, -with interest, dated at Darlington, July 17, 1865, payable in three months, executed by defendant to plaintiff.
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' APPEAL from the Circuit Court for La Fayette County. Action upon a promissory note for $100, -with interest, dated at Darlington, July 17, 1865, payable in three months, executed by defendant to plaintiff. Answer, that one Champlin was plaintiff’s agent at Darlington from July 17, 1865, to February 15, 1866, and as such authorized to sell -plaintiff’s reaping machines at that place, and collect the money due from the vendees, whether secured by notes or otherwise; that the note sued on was given to Champlin in part payment for a reaping machine sold by him, as such agent, to defendant, on…
1Opinion of the CourtPAlins, J.
The defendant’s counsel does not contest the proposition that, where an agent employed to sell property receives securities and transmits them to his principal, his implied authority to receive payment on those securities ceases with his possession; and, if the debtor seeks to bind the principal by a payment to such agent, he must prove something beyond the mere original agency to sell the property and receive and *26transmit the securities. The defendant attempted to comply with this requirement, by proving that it was a part of the agreement, at the time the note sued on was given, that he…
2Cited by5 opinions
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