Saveland v. Green
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Tbe complaint remains as it was left by the decision of this court, reported in 36 ."Wis., 612, where a statement of its aver-ments will he found. It also states a cause of action for commissions as a vessel-broker. The answer is a general denial of all the material allegations of the complaint, except that defendant is the owner of the “ J. D. Sawyer,” the vessel therein mentioned.
Read the full summary
APPEAL from the Circuit Court for Milwaukee County. Tbe complaint remains as it was left by the decision of this court, reported in 36 ."Wis., 612, where a statement of its aver-ments will he found. It also states a cause of action for commissions as a vessel-broker. The answer is a general denial of all the material allegations of the complaint, except that defendant is the owner of the “ J. D. Sawyer,” the vessel therein mentioned. On the trial, it was proved that on the 30th of August, 1873, in the city of Buffalo, defendant authorized one Citterly, who was a shipper of coal and sometimes…
1Opinion of the CourtLyon, J.
I. It does not appear that the defendant ever expressly authorized the plaintiff to execute the charter-party in his own name, or that he knew that the plaintiff had done so until after the latter had paid Jones & Co. the damages awarded them for a breach thereof. But we regard this circumstance as quite immaterial. By making the contract in his own name, the plaintiff became liable to Jones & Co. as principal, at their option; but if he had authority to make the contract, he thereby became, as to the defendant, merely a surety for its performance. If an agent who makes a contract for his…
2Cases cited7 opinions
- Trevor v. . WoodNew York Court of Appeals · 1867
- Stowell v. EldredWisconsin Supreme Court · 1876
- Durkee v. Vermont Central RailroadSupreme Court of Vermont · 1856
- Saveland v. GreenWisconsin Supreme Court · 1875
- Dunning v. RobertsNew York Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- DiLorenzo v. Atlantic National BankMassachusetts Supreme Judicial Court · 1932
- Burns v. CampbellSupreme Court of Alabama · 1882
- Heyn v. O'HagenMichigan Supreme Court · 1886
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Western Union Telegraph Co. v. ShotterSupreme Court of Georgia · 1884
27 more not listed; retrieve them via the Exa API.