Terry v. Allis
Wisconsin Supreme Court
APPEAL from tire County Court of Milwaulcee County. The plaintiff was in possession of a city order of the city of Milwaukee, for $130.91, payable to the order of one Ludwig; and the defendants, being engaged upon a committee appointed by the board of councillors of said city to investigate alleged frauds of some of the city officers in respect to such orders, obtained this one from the plaintiff to aid them in the investigation, under the promise to restore it.
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APPEAL from tire County Court of Milwaulcee County. The plaintiff was in possession of a city order of the city of Milwaukee, for $130.91, payable to the order of one Ludwig; and the defendants, being engaged upon a committee appointed by the board of councillors of said city to investigate alleged frauds of some of the city officers in respect to such orders, obtained this one from the plaintiff to aid them in the investigation, under the promise to restore it. They failed to restore it, and this action was for its value. The answer alleges that on or about the day of the date of said order,…
1Opinion of the CourtDowner, J.
This case has previously been before this court, and is reported 16 Wis., 478. At the first trial, the statements in the answer of the defendants were admitted to be true. At the second trial the defendants failed to prove some of the most material allegations of the answer. We think, however, the evidence proved that the order in question was signed by the clerk and mayor and countersigned by the controller, payable to the order of N. Ludwig, and was never delivered to the payee, nor by him endorsed, but was wrongfully taken from the possession of the city, and the name of the payee written…
2Cases cited3 opinions
- Learned v. BryantMassachusetts Supreme Judicial Court · 1816
- Clark v. GaylordSupreme Court of Connecticut · 1856
- Terry v. AllisWisconsin Supreme Court · 1863
3Cited by2 opinions
- Ernest Wolff Manufacturing Co. v. Battreal Shoe Co.Missouri Court of Appeals · 1915
- Kelly v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1875