Spencer v. Towles
Michigan Supreme Court
Error to Ingham Circuit. This was an action to recover certain money collected by defendant for plaintiff on account of bounty money received by the former, for the enlistment of the latter’s son in the army. Judgment was rendered in favor of defendant below. The facts are stated in the opinion.
1Opinion of the Court
Campbell J.
Plaintiff sued defendant for money had and received under the following circumstances, as found by the court below.
On September 2, 1864, plaintiff gave his written consent that his son, Truman A. Spencer, who was under eighteen years, might enlist into the military service of the United States, and on the following day the son did enlist and was duly enrolled and sworn. After plaintiff had given his consent to his son’s enlistment, it was agreed between the parties that the defendant should not charge for commissions, and as the boy waá young, the plaintiff requested 'defendant to…
2Cited by4 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Atkinson v. ScottMichigan Supreme Court · 1877
- Donkersley v. LevyMichigan Supreme Court · 1878
- Grammel v. CarmerMichigan Supreme Court · 1884