Munton v. Rutherford
Michigan Supreme Court
Error to Kent; Adsit, J. Assumpsit by John W. Munton against Martha C. Rutherford and Charles M. Beckwith, alleged copartners as Charles M. Beckwith & Co., for goods sold and delivered. From a judgment for plaintiff, defendant Rutherford brings error. Plaintiff, a grain dealer, residing at Morgan, Mich., sold a car load of rye to Charles M. Beckwith & Co. for $235.90, and the sale was made with Mr. Beckwith exclusively.
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Error to Kent; Adsit, J. Assumpsit by John W. Munton against Martha C. Rutherford and Charles M. Beckwith, alleged copartners as Charles M. Beckwith & Co., for goods sold and delivered. From a judgment for plaintiff, defendant Rutherford brings error. Plaintiff, a grain dealer, residing at Morgan, Mich., sold a car load of rye to Charles M. Beckwith & Co. for $235.90, and the sale was made with Mr. Beckwith exclusively. Beckwith failed to pay, and plaintiff sued Beck-with and Mrs. Rutherford as partners, and recovered verdict and judgment. The case was submitted to the jury upon two theories:…
1Opinion of the CourtGrant, C. J.
{after stating the facts). 1. Plaintiff introduced in evidence the record of a suit brought in justice’s court by one Comstock against defendant Beck-with. Mr. McGarry, one of the attorneys for appellant, appeared for the defendant in that suit, and Mr. Clapper-ton appeared for the plaintiff. Mr. McGarry raised the point that Mrs. Rutherford should have been made a co-defendant. By stipulation, she was made a co-defendant. This testimony was introduced under objection and exception. Mrs. Rutherford had no knowledge of that suit. She did not know Mr. McGarry, had not authorized him or any One…
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