Lynch v. Johnson
Michigan Supreme Court
Error to Ingham; Person, J. Assumpsit by James H. Lynch against Holmes W. Johnson for goods sold and delivered. Prom a judgment for plaintiff, defendant brings error.. This suit originated in justice’s court, to recover the price of a suit of clothes sold by the plaintiff to the defendant in 1890. Plaintiff had verdict and judgment in both the justice’s and circuit courts, and defendant now brings the case to this court on writ of error.
Read the full summary
Error to Ingham; Person, J. Assumpsit by James H. Lynch against Holmes W. Johnson for goods sold and delivered. Prom a judgment for plaintiff, defendant brings error.. This suit originated in justice’s court, to recover the price of a suit of clothes sold by the plaintiff to the defendant in 1890. Plaintiff had verdict and judgment in both the justice’s and circuit courts, and defendant now brings the case to this court on writ of error. According to the testimony of defendant’s father, the only witness sworn in his behalf, the defendant, at the time of the purchase, was a little more than 19…
1Opinion of the CourtGrant, J.
(after stating the facts).
1. When the motion was made, defendant had not rested, and, after its denial, proceeded to introduce testimony. He thereby waived all rights under the motion. Totten v. Burhans, 103 Mich. 6, and cases cited; Morley v. Insurance Co., 85 Mich. 210. The motion, however, was properly denied. The burden of proof to show infancy was on the defendant. Simmons v. Simmons, 8 Mich. 318; Stewart v. Ashley, 34 Mich. 183.
2. The only evidence of defendant’s age was the testimony of his father, and it is now urged that the court erred in submitting this question to the jury. It is…
2Cases cited8 opinions
- Henry v. . RootNew York Court of Appeals · 1865
- Morley v. Liverpool & London & Globe InsuranceMichigan Supreme Court · 1891
- Stewart v. AshleyMichigan Supreme Court · 1876
- Simmons v. SimmonsMichigan Supreme Court · 1860
- Terry v. McClintockMichigan Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Woodman v. Kera LLCMichigan Supreme Court · 2010
- Southwest Cotton Co. v. RyanArizona Supreme Court · 1921
- Goodman v. . AlexanderNew York Court of Appeals · 1901
- Wasylux v. LubienskiMichigan Supreme Court · 1928
- Watzel v. BeardsleeMichigan Supreme Court · 1939
3 more not listed; retrieve them via the Exa API.