KLEIN v. MONTGOMERY WARD & CO.


263 Wis. 317 (1953)

KLEIN, Appellant, vs. MONTGOMERY WARD & COMPANY, Respondent.

Supreme Court of Wisconsin.

March 3, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief by Schubring, Ryan, Petersen & Sutherland of Madison, and oral argument by R. J. Sutherland.

For the respondent there was a brief by Rieser, Mathys, McNamara & Stafford of Madison, and oral argument by Clifford G. Mathys.


BROWN, J.

We have no doubt that the so-called admission should have been excluded and its receipt in evidence was not rendered unprejudicial by the instruction on it. Appellant relies on United American Fire Ins. Co. v. American Bonding Co. (1911), 146 Wis. 573, 131 N. W. 994, to establish the admissibility of the manager's statement. In that case an employee admitted that he had embezzled some collections. We held that the admission was made while the employee...

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