Leonard v. Piggott
Michigan Supreme Court
Error to Clinton; Searl, J. Assumpsit by Margaret Leonard against Leonard J. Piggott for money had and received. There was judgment for plaintiff, and defendant brings error. Plaintiff, a widow, brought suit to recover money claimed to have been loaned by her to the defendant, her nephew, before the death of her husband, and also money which came into defendant’s possession for her after his death.
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Error to Clinton; Searl, J. Assumpsit by Margaret Leonard against Leonard J. Piggott for money had and received. There was judgment for plaintiff, and defendant brings error. Plaintiff, a widow, brought suit to recover money claimed to have been loaned by her to the defendant, her nephew, before the death of her husband, and also money which came into defendant’s possession for her after his death. She recovered a verdict for $785.05. The items loaned before her husband’s death consisted of $400 and $175, upon both of which plaintiff testified that defendant paid her interest for several…
1Opinion of the Court
Grant, 0. J.
(after stating the facts). 1. Error is assigned upon the refusal of the court to instruct the jury that there was no competent testimony that plaintiff was the owner of the money deposited in the bank, or of any part of the $400 loan, and to direct a verdict for the defendant for that claim. The court instructed the jury that if they found that the defendant paid this $400 to the plaintiff’s husband it was a valid payment whether the money belonged to her or her husband, and that the relations existing between plaintiff and her husband were such that he was authorized to receive…
2Cases cited1 opinion
- State Bank of St. Johns v. McCabeMichigan Supreme Court · 1904
3Cited by2 opinions
- In re Doty's EstateMichigan Supreme Court · 1920
- Bolt v. Hackley National BankMichigan Supreme Court · 1929