Waldo v. Simonson
Michigan Supreme Court
Error to Oakland Circuit. This was an action brought to recover a certain sum of money alleged t9 have' been promised to plaintiff by defendant. The plaintiff declared specially, and on the common counts. On the trial, plaintiff testified “that in 1866, he and defendant were engaged in buying wool in Holly; that in July of that year a man calling himself Walker, came to Holly for the purpose of buying wool, and made arrangements with the defendants to purchase wool for him.
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Error to Oakland Circuit. This was an action brought to recover a certain sum of money alleged t9 have' been promised to plaintiff by defendant. The plaintiff declared specially, and on the common counts. On the trial, plaintiff testified “that in 1866, he and defendant were engaged in buying wool in Holly; that in July of that year a man calling himself Walker, came to Holly for the purpose of buying wool, and made arrangements with the defendants to purchase wool for him. While he was there he had a draft for $5,000, purporting to have been drawn by E. Wendell, on the First National Bank of…
1Opinion of the Court
Graves J.
Assuming that the defendant in error was damnified by forbearing to attach the wool, and that the promise to pay him, imputed to plaintiff in error, was, ujoon sufficient consideration — a view which is essential to the theory of the former — still that promise was, on such theory, one to pay Wolcott’s debt, and within the statute.
According to the construction put upon the transaction by the defendant in error, Wolcott was indebted to him in so much of the proceeds of the endorsement of the forged draft as went into the wool, and it was this debt which the plaintiff in error…
2Cited by6 opinions
- Pinson & Sunday v. PrentiseSupreme Court of Oklahoma · 1899
- Stewart v. JeromeMichigan Supreme Court · 1888
- Halsted v. FrancisMichigan Supreme Court · 1875
- Gump v. HalberstadtOregon Supreme Court · 1887
- Goodman v. FelcherMichigan Supreme Court · 1898
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