Hatzenbuhler v. Lewis
Michigan Supreme Court
Error to "Wayne. (Jennison, J.) Assumpsit. Plaintiff brings error. A'parol assignment of an account is good: Draper v. Fletcher 26 Micb. 154; Hooker■ v. Eagle .Bank 30 N. Y. 83; tbe common counts are sufficient to sustain a suit in justice’s court on an assigned account: Kelly v. Waters 31 Micb. 404; Snell v. Gregory 37 Mich. 500; and pleadings in justices’ courts are to be liberally construed: Wilcox v. Tol. <& A. A. R. R. Go. 43 Micb. 584. cited Kelly v. Waters 31 Mich.…
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Error to "Wayne. (Jennison, J.) Assumpsit. Plaintiff brings error. A'parol assignment of an account is good: Draper v. Fletcher 26 Micb. 154; Hooker■ v. Eagle .Bank 30 N. Y. 83; tbe common counts are sufficient to sustain a suit in justice’s court on an assigned account: Kelly v. Waters 31 Micb. 404; Snell v. Gregory 37 Mich. 500; and pleadings in justices’ courts are to be liberally construed: Wilcox v. Tol. <& A. A. R. R. Go. 43 Micb. 584. cited Kelly v. Waters 31 Mich. 404; Gregory v. Snell 31 Mich. 500; Sojoer v. Mills 50' Mich. 15, and Wiloox v. Railroad Go. 43 Mich. 584.
1Opinion of the CourtCampbell, J.
Plaintiff sued defendant on the common counts, and recovered before a justice. Defendant appealed. On the trial at the circuit plaintiff undertook to recover for goods sold defendant by a firm of Robinson & Hatzenbuhler. Plaintiff’s claim was that the firm bad become dissolved, and that it was understood be was to have all the assets. No assignment was ever made, and it does not appear that any entries were made, or anything done beyond the arrangement or understanding in question. No notice was shown of any dissolution as given to defendant, *586who produced a receipt in full from Robinson,…
2Cases cited3 opinions
- Beal v. ChaseMichigan Supreme Court · 1875
- Wilcox v. Toledo & Ann Arbor RailroadMichigan Supreme Court · 1880
- Kelly v. WatersMichigan Supreme Court · 1875
3Cited by2 opinions
- Loranger v. DavidsonMichigan Supreme Court · 1896
- West Michigan Furniture Co. v. Diamond Glue Co.Michigan Supreme Court · 1901