Murphy v. Dalton
Michigan Supreme Court
Error to Wexford; Chittenden, J. Assumpsit by Joseph Murphy and Fred A. Diggins, ■copartners as Murphy & Diggins, against John Dalton for money had and received. There was judgment for defendant on a verdict directed by the court, and plaintiffs bring error. Plaintiffs’ declaration is upon the common counts in assumpsit. A bill of particulars was furnished, which specified four items “of money lent defendant by plaintiffs,” giving dates.
Read the full summary
Error to Wexford; Chittenden, J. Assumpsit by Joseph Murphy and Fred A. Diggins, ■copartners as Murphy & Diggins, against John Dalton for money had and received. There was judgment for defendant on a verdict directed by the court, and plaintiffs bring error. Plaintiffs’ declaration is upon the common counts in assumpsit. A bill of particulars was furnished, which specified four items “of money lent defendant by plaintiffs,” giving dates. With the plea of the general issue defendant gave notice that the items mentioned in the bill of particulars were paid to defendant upon a certain contract…
1Opinion of the CourtGrant, J.
(after stating the facts). Under the plaintiffs’ proofs the first contract was mutually abandoned. Even if nothing were said about the repayment of the $350 advanced upon it the law implies a promise to repay under such circumstances, and a declaration upon the common counts in assumpsit is sufficient.
The further theory of the plaintiffs is that the defendant, after receiving the money under the parol contract as advances, deliberately violated it, and sold the lumber to other parties.
In Hunt v. Sackett, 31 Mich. 18, the parties exchanged horses, one paying boot money. Plaintiff sought to…
2Cases cited9 opinions
- People ex rel. Gorman v. Judge of the Newaygo Circuit CourtMichigan Supreme Court · 1873
- Murphy v. McGrawMichigan Supreme Court · 1889
- Nugent v. TeachoutMichigan Supreme Court · 1887
- Johnson v. Continental InsuranceMichigan Supreme Court · 1878
- Ripley v. CaseMichigan Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Asher v. PitchfordOregon Supreme Court · 1941
- B. J. Carney & Co. v. MurphyIdaho Supreme Court · 1948
- Billig v. GoodrichMichigan Supreme Court · 1917
- King v. BirdMichigan Supreme Court · 1928
- Foster v. WarnerIdaho Supreme Court · 1926