154 Wis. 334 | Wis. | 1913
The following opinion was filed April 29, 1913:
It is contended that the finding of the jury that the plaintiff’s signature to the release in question was procured by the fraud or the misrepresentation of the defendant’s agent is not sustained by the evidence. It is declared in repeated adjudications of this court that if a party to a written instrument was induced to sign it by relying on false and fraudulent representations and he was guilty of no negligence in failing to ascertain what the instrument in fact was, he is not bound by it. Dowagiac Mfg. Co. v. Schroeder, 108 Wis. 109, 84 N. W. 14. It is also well recognized as a principle that “To accomplish impeachment of a formal written instrument on such grounds the proof must be clear and convincing beyond reasonable controversy.” Steffen v. Supreme Assembly, 130 Wis. 485, 110 N. W. 401.
Applying these principles to the case before us, can it be
These evidentiary facts and many of the accompanying circumstances, together with the plaintiff’s conduct in the matter, make it clear that he was not misled nor deceived into signing the release under the belief that it was a mere receipt for two months’ wages. The evidence falls far short of the legal requirements to impeach the formal written release. In probative force it is not of such weight and credibility as to constitute clear and convincing proof beyond reasonable controversy of the alleged fraud in procuring plaintiff’s signature to the release, and therefore as a matter of law does not sustain the finding of the jury on this question. Richards v. Millard, 146 Wis. 552, 131 N., W. 365; Denmark v. Milwaukee E. R. & L. Co. 142 Wis. 624, 126 N. W. 13; Jackowski v. Ill. S. Co. 103 Wis. 448, 79 N. W. 757.
By the Court.- — The judgment appealed from is reversed, and the cause remanded with directions to dismiss the complaint.
A motion for a rehearing was denied, with $25 costs, on June 18, 1913.