Pennsylvania Mining Co. v. S. P. Brady & Co.
Michigan Supreme Court
Error to Wayne Circuit. This was añ action to recover a balance claimed to be due to Brady & Co., for goods sold and delivered. The declaration was in assumpsit, upon the common counts. The defendant pleaded the general issue, and gave notice of set-off, payment, accord and satisfaction. Judgment was rendered for the plaintiff. The errors assigned are based upon refusals to charge, by the circuit judge; and which are stated in the opinion.
1Opinion of the Court
Cooley Oh. J.
Brady & Co. brought suit against the Pennsylvania Mining Company to recover a balance due for goods sold and delivered to the Northwest Mining Company, a corporation of which the Pennsylvania was the successor, and, therefore, in law, as it is conceded, liable for its debts. No question is made in regard to the original liability, but the mining company claim that they have been discharged by an accord and satisfaction, or that, if they are liable to Brady & Co. at all, it is only upon a conditional agreement which has been substituted for their original indebtedness, but which…
2Cases cited1 opinion
- Pennsylvania Mining Co. v. BradyMichigan Supreme Court · 1866
3Cited by6 opinions
- Attorney General ex rel. Conely v. Common CouncilMichigan Supreme Court · 1889
- Druse v. WheelerMichigan Supreme Court · 1872
- Christiansen v. HilberMichigan Supreme Court · 1937
- Frederick v. Circuit JudgeMichigan Supreme Court · 1884
- State v. CooperSupreme Court of Iowa · 1908
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