Lichtenberg v. Mair
Michigan Supreme Court
Error to Superior Court of Detroit. Assumpsit on the common counts upon the following instrument: $425.00. Detroit, January 21, 1879. Messrs. Lichteriberg & Sons: Please pay to Alex. Mair whatever amount there will be to my credit on the sale of 100 barrels of flour sold you January 4th, shipped to Albany, N. Y. John Baker, Bloom.
Read the full summary
Error to Superior Court of Detroit. Assumpsit on the common counts upon the following instrument: $425.00. Detroit, January 21, 1879. Messrs. Lichteriberg & Sons: Please pay to Alex. Mair whatever amount there will be to my credit on the sale of 100 barrels of flour sold you January 4th, shipped to Albany, N. Y. John Baker, Bloom. Across the face of this order was written: “Accepted, payable when the draft drawn on Henry Russell is paid, or when we are satisfied that the flour is all right. Lichtenbebg & Sons.” The action was brought by the payee Mair who recovered. Defendant brings error. On…
1Opinion of the CourtGraves, J.
The court erred in overruling the question put on cross-examination to the plaintiff below. He had sworn on his own behalf to an interview with Liehtenburg, and that the latter admitted having received the proceeds of the flour in controversy, but claimed that there was an old account with Baker, the person who had drawn in Mair’s favor on defendants in error against the proceeds of the flour, and it was quite competent to call out on the cross-examination all that Lichtenburg said on the subject in the same conversation. The proper practice has been so often and so fully explained that a…
2Cases cited6 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Beaubien v. CicotteMichigan Supreme Court · 1864
- O'Donnell v. SegarMichigan Supreme Court · 1872
- Wilson v. WagarMichigan Supreme Court · 1873
- Haynes v. LedyardMichigan Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. DellabondaMichigan Supreme Court · 1933
- People v. BarkerMichigan Supreme Court · 1886
- Atherton v. DefreezeMichigan Supreme Court · 1902
- People v. WaltonMichigan Court of Appeals · 1976
- Beattie v. Great Atlantic & Pacific Tea Co.Michigan Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.