Heath v. Paul
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Crosse County. This action is to recover money alleged to have been loaned by plaintiff to defendant. Erom early in 1884, until after the alleged cause of action herein accrued, the defendant owned and carried on a store in the city of La Crosse. He was largely engaged in other business, and gave but little personal attention to his store, which was managed and carried on principally by agents.
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APPEAL from the Circuit Court for La Crosse County. This action is to recover money alleged to have been loaned by plaintiff to defendant. Erom early in 1884, until after the alleged cause of action herein accrued, the defendant owned and carried on a store in the city of La Crosse. He was largely engaged in other business, and gave but little personal attention to his store, which was managed and carried on principally by agents. Among these was one Roth, who had the principal charge of making purchases of goods (subject to some general supervision of defendant), of making collections of…
1Opinion of the CourtLyoN, C. J.
I. The learned circuit judge instructed the jury that the facts that Roth had the management of the defendant’s store, kept- the accounts thereof, was authorized to draw checks on the State Bank for the price of goods and expenses of the store, and to make overdrafts on that bank, and that defendant sanctioned his mode of dealing with the National Bank so far as he was apprised of it, were insufficient to prove that defendant gave Roth power to borrow money generally or of plaintiff. The instruction is correct. Defendant was careful to withhold from Roth the power thus to borrow money. True,…
2Cases cited2 opinions
- Gores v. GraffWisconsin Supreme Court · 1890
- Dunbar v. McGillMichigan Supreme Court · 1887
3Cited by7 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Guinard v. Knapp-Stout & Co. Co.Wisconsin Supreme Court · 1897
- Pluto Powder Co. v. Cuba City State BankWisconsin Supreme Court · 1913
- Kumba v. GilhamWisconsin Supreme Court · 1899
- Thomas v. PaulWisconsin Supreme Court · 1894
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