Halsted v. Francis
Michigan Supreme Court
Error to Ingbam Circuit. * This was an action of assumpsit brought by Francis against Halsted. The plaintiff declared specially upon an agreement substantially as follows: that the plaintiff being the owner of a promissory note executed by one William Rice, the defendant Halsted, in consideration of the sale and delivery by said Rice to defendant of a horse, harness and buggy, undertook and promised said Rice to pay the said note to the plaintiff (Francis) and take up the…
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Error to Ingbam Circuit. * This was an action of assumpsit brought by Francis against Halsted. The plaintiff declared specially upon an agreement substantially as follows: that the plaintiff being the owner of a promissory note executed by one William Rice, the defendant Halsted, in consideration of the sale and delivery by said Rice to defendant of a horse, harness and buggy, undertook and promised said Rice to pay the said note to the plaintiff (Francis) and take up the same at maturity; and, “therefore” (it is alleged), “the defendant afterwards, on the same day, etc., in consideration of…
1Opinion of the CourtChristiancy, J.
If the plaintiff below was entitled to recover at all upon the evidence, it could, only have been upon the special count upon the special contract declared upon. The evidence very clearly made no ease for a recovery upon the common counts.
The only contract alleged and proved was a contract, between the defendant and Eice, to pay the note of the latter to the plaintiff, who was no party to that contract, who gave no consideration for, and was in no way bound by it. The only consideration paid was paid by Eice, and he was the only party to be injured by the breach of the contract. The plaintiff…
2Cases cited5 opinions
- Hogsett v. EllisMichigan Supreme Court · 1868
- Pipp v. ReynoldsMichigan Supreme Court · 1870
- Turner v. McCartyMichigan Supreme Court · 1871
- Brown v. HazenMichigan Supreme Court · 1863
- Waldo v. SimonsonMichigan Supreme Court · 1869
3Cited by5 opinions
- Peoples Savings Bank v. GeistertMichigan Supreme Court · 1931
- Osborn v. OsbornMichigan Supreme Court · 1877
- Hayes v. KnoxMichigan Supreme Court · 1879
- Reid, Murdoch & Co. v. Northern Lumber Co.Appellate Court of Illinois · 1909
- Fay v. SandersonMichigan Supreme Court · 1882