Dillon v. Pinch
Michigan Supreme Court
Error to Eaton; Smith, J. , Assumpsit by John M. Dillon against Benjamin W. Pinch for money had and received. Erom a judgment for plaintiff, defendant brings error. Plaintiff was the owner of an insurance policy in the Old People’s Mutual Benefit Society Of Elkhart, Ind., upon the life of one Abigail Smith. A Mrs. Alvira Smith had another policy upon the same life.
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Error to Eaton; Smith, J. , Assumpsit by John M. Dillon against Benjamin W. Pinch for money had and received. Erom a judgment for plaintiff, defendant brings error. Plaintiff was the owner of an insurance policy in the Old People’s Mutual Benefit Society Of Elkhart, Ind., upon the life of one Abigail Smith. A Mrs. Alvira Smith had another policy upon the same life. The validity of that policy, and the principle governing such insurance, may be found determined in Smith v. Pinch, 80 Mich. 332. The amount of the plaintiff’s policy was $1,000; and of the claim of Alvira Smith, $1,590. The…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. The defendant was asked:
“ Mr. Pinch, with the knowledge that you have now of what you went through with those cases, and the risks that you ran winning them, — taking all these things into consideration, to say nothing about any special agreement — what was it well worth for_ the services that you rendered there?”
The question was excluded. The ruling was correct. The defendant had made no such issue. He relied upon a special agreement, and the jury, in- response to a special question, found that no such agreement was made. Each party relied upon an express…
2Cases cited1 opinion
- McDonald v. OrtmanMichigan Supreme Court · 1893
3Cited by7 opinions
- Durbin v. K-K-M Corp.Michigan Court of Appeals · 1974
- Hileman v. IndreicaMichigan Supreme Court · 1971
- Higdon v. KelleyMichigan Supreme Court · 1954
- Avery v. BurrallMichigan Supreme Court · 1898
- Battle Creek Food Co. v. KirklandMichigan Supreme Court · 1941
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