Moulton v. Mason
Michigan Supreme Court
Error to Branch Circuit. This was an action of assumpsit, brought by Hannah Mason, as the administratrix of Charles Mason, in the Circuit Court for the County of Branch, against Storrs H. Moulton. The plaintiff declared upon the common counts, to which the defendant pleaded the general issue, and gaye notice of a set off; and by mutual consent the cause was referred to David Thompson, Esq., to examine and report thereon.
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Error to Branch Circuit. This was an action of assumpsit, brought by Hannah Mason, as the administratrix of Charles Mason, in the Circuit Court for the County of Branch, against Storrs H. Moulton. The plaintiff declared upon the common counts, to which the defendant pleaded the general issue, and gaye notice of a set off; and by mutual consent the cause was referred to David Thompson, Esq., to examine and report thereon. The questions for review in this Court arise upon the rulings of the referee as to the admission and rejection of testimony; to which exceptions were taken, and, on argument…
1Opinion of the Court
Campbell, Ch. J.
Suit was brought by Mrs. Mason as administratrix of Charles Mason, deceased, among other things to recover the price or value of certain goods sold to Moulton by the deceased. Having introduced evidence tending to show the sale and delivery to Moulton of the property in question, and that Mason and Moulton examined and made an inventory of it, which was written in a book in Moulton’s handwriting, and taken into his possession, further proof was given on her behalf to the effect that Mason, three or four weeks before his death, called upon defendant and got from him the book…
2Cited by3 opinions
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