Thorn v. Morgan & Whateley Co.
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by William E. Thorn, executor of the last will and testament of William T. Garner, deceased, against the Morgan & Whateley Company, for goods sold and delivered. From a judgment for defendant, plaintiff brings error.
1Opinion of the Court
Hooker, O. J.
The plaintiff, a wholesale dealer in New York, broüght this action to recover for goods delivered under several orders made by the defendant, bearing different dates. The defendant made the defense of recoupment, based upon an alleged breach of contract in the delivery of the goods; some not having been seasonably delivered, and some not delivered at any time. Plaintiff’s claim included items aggregating $1,685.53. The jury returned a verdict for $1,800 in favor of the defendant, and plaintiff has brought the case to this court by writ of error.
The notice filed with defendant’s…
2Cases cited2 opinions
- Knitted Mattress Co. v. GriggsMassachusetts Supreme Judicial Court · 1891
- Benjamin v. RichardsMichigan Supreme Court · 1883
3Cited by4 opinions
- Sheldon-Seatz, Inc. v. ColesMichigan Supreme Court · 1947
- J. P. Smith Shoe Co. v. Curme-Feltman Shoe Co.Indiana Court of Appeals · 1918
- Staver Carriage Co. v. American & British Manufacturing Co.Appellate Court of Illinois · 1914
- Davis v. Koppers Company, Inc.Michigan Supreme Court · 1952