Jewel Tea Co. v. Weber
Jewel Tea Co. v. Weber
Opinion of the Court
The court entertains very serious doubt about the sufficiency of the evidence to support the finding that the note sued upon was given under duress. It is unnecessary to-pass upon the question, however.
Defendant took charge of plaintiff’s business about October 8, 1911. Certain goods and property were placed in his-
The defendant insisted that he had accounted for everything that came into his hands and that there was some mistake in the account somewhere, but just wherein it was wrong he was unable to state; so he signed the certificate quoted above. He took much the same position on the trial, and, offered two possible theories on which it might be wrong. He said that he was not familiar with the prices of some premium goods in his possession and did not know whether the auditor made correct charges against him on account of such goods. He further said that the company sent a man to help him out, and that this employee had access to the goods stored at Beloit, and that when he went to where they were after the helper left, the box in which the goods were stored was unlocked and the goods were scattered around; so that some of them might have been stolen, but he didn’t know whether they were or not. The amount of goods stored at Beloit appears to have been small, less than $300 worth. It is not probable that one quarter or more of them could have been stolen without defendant knowing that a theft had been committed.
We do not see how it makes much difference in this case whether the relation between the plaintiff and the defendant was that of principal and agent or of master and servant, or that defendant should be treated as a bailee -for hire as to goods left in his charge rather than as a purchaser. There is not a single item of charge made against the defendant which he disputes. He simply relies on the general statement that the account must bo wrong because he knows he kept his accounts correctly. He puts forward some explanation as to how the shortage might have occurred, but does not know that it did occur in such manner. Defendant’s testimony neither contradicted nor put in issue any fact testified to in behalf of the plaintiff. It simply attempts to take issue with the conclusion which logically follows from such facts. We think it
If the amount for which the note was given was in fact due, it makes no difference whether duress was used to obtain the note or not. The entire controversy had been tried. If plaintiff might not recover on the note, it was entitled to judgment for the amount for which the note was given. If the indebtedness existed, the plaintiff was justified under its contract in discharging defendant when it did, and no recovery should have been allowed on defendant’s counterclaim.
By the Qowt.- — The judgment appealed from is reversed, and the cause is remanded with directions to enter judgment for the plaintiff for $43.30, with interest at sis per cent, from February 10, 1912, with costs, defendant to take nothing on his counterclaim.
Reference
- Full Case Name
- Jewel Tea Company v. Weber
- Status
- Published