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MATTICE v. EQUITABLE LIFE ASSUR. SOCIETY

270 Wis. 504 (1955)

MATTICE, Respondent, vs. EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Appellant.

Supreme Court of Wisconsin.

June 28, 1955.

Attorney(s) appearing for the Case

For the appellant there was a brief by Rieser, Mathys, McNamara & Stafford of Madison, and oral argument by Willard S. Stafford.

For the respondent there was a brief by Langer & Cross of Baraboo, and oral argument by Clyde C. Cross and H. M. Langer.

BROADFOOT, J.

Upon this appeal the defendant relies upon language in the case of Hansche v. A. J. Conroy, Inc., 222 Wis. 553, 269 N. W. 309, wherein this court said (pp. 560, 561):

"Three elements are necessary to establish apparent agency: (1) Acts by the agent or principal justifying belief in the agency. (2) Knowledge thereof by the party sought to be held (in the present case, appellant). (3) Reliance thereon by the plaintiff, consistent with ordinary...

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