Legal Opinion

Donovan v. Halsey Fire Engine Co.

Michigan Supreme Court

Decided September 29, 1885PublishedCited by 4 opinions

Error to Wayne. (Jennison, J.) Assumpsit. Defendants oring error. Assumpsit will not lie unless there is some contract relation express or implied : Woods v. Ayres 39 Mich. 345 ; nor unless there is a request to pay: Child v. Morley 8 Term 610; Stolees v. Lewis 1 Term 20; Raish v. Tatloeh 2 H. Bl. 319 ; Rayes v. Warren 2 Str. 933; Richardson v. Rail 1 Bro. & B. 50; Durnforcl v. Messiter 5 M. & S. 446 ; if one has become a surety of another, and is compelled to pay as such…

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Error to Wayne. (Jennison, J.) Assumpsit. Defendants oring error. Assumpsit will not lie unless there is some contract relation express or implied : Woods v. Ayres 39 Mich. 345 ; nor unless there is a request to pay: Child v. Morley 8 Term 610; Stolees v. Lewis 1 Term 20; Raish v. Tatloeh 2 H. Bl. 319 ; Rayes v. Warren 2 Str. 933; Richardson v. Rail 1 Bro. & B. 50; Durnforcl v. Messiter 5 M. & S. 446 ; if one has become a surety of another, and is compelled to pay as such surety, the law will imply a promise on the part of the principal to repay: Exall v. 'Partridge 8 Term 310; Kemp v. Rinden…

1Opinion of the CourtSherwood, J.

This was an action of assumpsit, commenced before a justice of the peace in Wayne county against the defendant engine company. The plaintiff’s declaration was on all the common counts, and on demand he filed the following bill of particulars:

To money paid out in its behalf on bill of J. T.

Hurley & Co., -......$ 24 50

Money paid on insurance, - - 15 00

Money paid on Chope’s judgment, - 165 00

Money paid on Bobert’s wages - • - 75 00

$279 50

2 00

$277 50

The defendant pleaded the general issue and gave notice of set-off for money due on subscription price of two thousand shares of stock, but which…

2Cases cited5 opinions

  1. Hosmer v. WilsonMichigan Supreme Court · 1859
  2. Blackwood v. BrownMichigan Supreme Court · 1875
  3. Draper v. FletcherMichigan Supreme Court · 1872
  4. Briscoe v. EckleyMichigan Supreme Court · 1876
  5. Herbstreit v. BeckwithMichigan Supreme Court · 1876

3Cited by4 opinions

  1. Worden Grocer Co. v. BlandingMichigan Supreme Court · 1910
  2. Webster v. WilliamsMichigan Supreme Court · 1888
  3. In Re Pierson's EstateMichigan Supreme Court · 1937
  4. Pierson v. SanbornMichigan Supreme Court · 1937

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