Meagher v. Cowing
Michigan Supreme Court
Error to Saginaw; Gage (Cbauncey H.), J. Assumpsit by Ignatius Meagher, William J. Meagher, and Nicholas Meagher, copartners as Meagher Bros.,, against John P. Cowing for goods sold and delivered. There was judgment for plaintiffs for less than the amount claimed, and they bring error.
1Opinion of the CourtMoore, J.
This is an action of assumpsit. The declaration was the common counts with a special count setting forth the terms of the contract involved in the cause, the violation thereof by .defendant, and the nature of the damages sustained by plaintiffs. A bill of particulars was demanded and filed as follows:
“Please take notice that the following is a bill of particulars of the plaintiffs’ demand in this cause and for the recovery of which this action is brought, to wit:
' ‘ 352 yards of crushed stone, delivered at Saginaw.....-......................................- §475 20
Railroad company’s charges…
2Cases cited3 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Kuppenheimer v. WertheimerMichigan Supreme Court · 1895
- Althouse v. McMillanMichigan Supreme Court · 1903
3Cited by6 opinions
- Dow Chemical Co. v. Detroit Chemical WorksMichigan Supreme Court · 1919
- Katz v. Delohery Hat Co.Supreme Court of Connecticut · 1922
- Jones v. Le May-Lieb Corp.Massachusetts Supreme Judicial Court · 1938
- Haken v. SchefflerMichigan Court of Appeals · 1970
- Bond v. BourkSupreme Court of Colorado · 1912
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