Heyn v. O'Hagen
Michigan Supreme Court
Error to Marquette. (Grant, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. The promise of defendants, if made, to pay the balance, due plaintiff, was void, not being in writing, as required by How.
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Error to Marquette. (Grant, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. The promise of defendants, if made, to pay the balance, due plaintiff, was void, not being in writing, as required by How. Stat. § 6185 (second clause), which applied only to promises which are in the nature of guarantees for some other or original or primary obligation to be performed by another: Gibbs v. Blanchard, 15 Mich. 23, 30; Rogers v. Neilson, 14 Wend. 113. The words, “original” and “collateral,” are used, the former to mark the obligation of the principal debtor, the latter, that…
1Opinion of the CourtChamplin, J.
The plaintiff brought suit in assumpsit, in justice court, against the defendant, and declared upon the common count for goods sold and delivered. The defense was the general issue. The plaintiff recovered, and on appeal to the circuit the case was tried before the court, without a jury, who made a written finding of facts and his conclusions of law thereon, as follows:
“On August 19, 1884, a shoemaker, living in Marquette, known to plaintiff as such, and seen by plaintiff once before in a shop at Marquette once carried on by defendant, and who represented to plaintiff that he was in the…
2Cases cited4 opinions
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Saveland v. GreenWisconsin Supreme Court · 1876
- Truesdail v. WardMichigan Supreme Court · 1871
- Meister v. BirneyMichigan Supreme Court · 1872
3Cited by35 opinions
- DiLorenzo v. Atlantic National BankMassachusetts Supreme Judicial Court · 1932
- Wolfe v. Texas Co.Court of Appeals for the Tenth Circuit · 1936
- Snook v. PageCalifornia Court of Appeal · 1915
- Reid v. Alaska Packing Co.Oregon Supreme Court · 1905
- Stevens v. WakemanMichigan Supreme Court · 1921
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