Galloway v. Holmes
Michigan Supreme Court
Case certified from Wayne Circuit Court. This suit was commenced by attachment against the defendant as a non-resident debtor, under the provisions of the statute, R. S. 506. The attachment was issued on the 15th day of June, 1839. The declaration was in indebitatus assumpsit for goods sold and delivered. Plea, the general issue.
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Case certified from Wayne Circuit Court. This suit was commenced by attachment against the defendant as a non-resident debtor, under the provisions of the statute, R. S. 506. The attachment was issued on the 15th day of June, 1839. The declaration was in indebitatus assumpsit for goods sold and delivered. Plea, the general issue. On the trial of the cause at the May term, 1842, it appeared from .the deposition of one Lewis W. Clark, that he, as the agent of the defendant, on or about the 9th day of May, 1839, pui-chased of the plaintiffs, in the city ol New York, a bill of goods to the amount…
1Opinion of the CourtRansom, C. J.
The sole question presented by this case is, whether the action was properly brought, it having been commenced before the credit of six months on which the goods were sold to the defendant, had expired. The plaintiffs contend that, the goods having been obtained from them by the fraudulent representations of the defendant or his agent, the contract of sale on six months credit was utterly void, and the draft given by the defendant in payment a nullity; that they had a right to treat it as mere *336waste paper, and bring their action for the price of the goods as though it had never been delivered…
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