Hoyer v. Ludington
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: D. H. Jootsoh, Circuit Judge. They contended, inter alia, that the question involved in this case is the extent of the principal’s liability for the unauthorized torts of his agent. According to the allegations in the complaint the principal is undisclosed, and the plaintiff is acting in ignorance of the agency.
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Appeal from a judgment of the circuit court for Milwaukee county: D. H. Jootsoh, Circuit Judge. They contended, inter alia, that the question involved in this case is the extent of the principal’s liability for the unauthorized torts of his agent. According to the allegations in the complaint the principal is undisclosed, and the plaintiff is acting in ignorance of the agency. Hence no question as to whether the acts complained of were within the apj)arent scope of the .agent’s authority can arise. The test of liability in such a case is whether the acts were committed “ in the course of the…
1Opinion of the CourtCassoday, C. J.
The complaint alleges, in effect, that on April 10, 1891, and prior thereto, the defendant Ludington was the owner of the real estate described; that Ludington, for the purpose of disposing of the same, authorized and employed the defendant Myers as his agent to effect a sale of such land; that pursuant to such agency, and as incidental thereto, Myers, with one Bingham and others, pretended to organize a corporation under the laws of this state, with a capital stock of $35,500, divided into 3,550 shares, of $10 each, for the purpose of purchasing from Ludmgton the land described; that Myers…
2Cases cited6 opinions
- McKinnon v. VollmarWisconsin Supreme Court · 1889
- Law v. GrantWisconsin Supreme Court · 1875
- Gunther v. UllrichWisconsin Supreme Court · 1892
- Aron v. City of WausauWisconsin Supreme Court · 1898
- Fintel v. CookWisconsin Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ellison v. StocktonSupreme Court of Iowa · 1919
- Herro v. Wisconsin Federal Surplus Property Development Corp.Wisconsin Supreme Court · 1969
- Matteson v. RiceWisconsin Supreme Court · 1903
- Millard v. SmithMissouri Court of Appeals · 1906
- Godfrey v. SchneckWisconsin Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.