Tefft v. McNoah
Michigan Supreme Court
Error to Wayne Circuit, where McNoah sued Tefft, for the use and benefit of Edward Shepard, on the following instrument: “ Memorandum of agreement made this twenty - eighth day of February, eighteen hundred and fifty-nine, between William H. Tefft, of the first part, and Peter M. McNoah, of the second part, both of the city of Detroit, State of Michigan, Witnesseth: “Whereas, the above parties have, since the second day of July, 1855, been associated as partners in the…
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Error to Wayne Circuit, where McNoah sued Tefft, for the use and benefit of Edward Shepard, on the following instrument: “ Memorandum of agreement made this twenty - eighth day of February, eighteen hundred and fifty-nine, between William H. Tefft, of the first part, and Peter M. McNoah, of the second part, both of the city of Detroit, State of Michigan, Witnesseth: “Whereas, the above parties have, since the second day of July, 1855, been associated as partners in the hardware, tin, stove, and manufacturing business, as per articles of copartnership bearing date as above, to which…
1Opinion of the Court
Manning J.:
On overruling a demurrer to a declaration, judgment goes for the plaintiff, unless leave is given to defendant to plead; which is usually done on the payment of costs when the demurrer has been put in in good faith. The court may attach such conditions to the order as the circumstances of the case, and justice between the parties, may require. The order and the conditions on which it is granted' are in the sound discretion of the court, and can not be reviewed on a writ of error.
The action is properly brought in the name of McNoah for the use of Shepard. Moore’s testimony does not…
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