Stansell v. Corning
Michigan Supreme Court
Error to Cass Circuit. This was an action of assumpsit brought by Warren H. Corning in the Circuit Court for the County of Cass, against Garrett Stansell. The plaintiff declared on the common counts in assumpsit, appending to his declaration copies of two drafts drawn by Corning & Co. upon the defendant.
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Error to Cass Circuit. This was an action of assumpsit brought by Warren H. Corning in the Circuit Court for the County of Cass, against Garrett Stansell. The plaintiff declared on the common counts in assumpsit, appending to his declaration copies of two drafts drawn by Corning & Co. upon the defendant. The defendant pleaded the general issue, and gave notice that the consideration of the drafts was for spirituous liquors, sold in violation of the laws of Michigan; that the liquors were sold by sample; that they were not equal to the sample, and were not of a merchantable quality. The cause…
1Opinion of the CourtGraves, J.
Considering the somewhat unsatisfactory manner in which this record is constituted, and the questions raised by it, we do not feel called on to examine it further than is found necessary to decide the case. It contains sixty assignments of error, but many of them merely question the correctness of the finding of facts by the Court below, and many others have no legal support in the facts found. And upon an inspection of the evidence contained in the bill of exceptions, and the answers of the Judge to the *244points submitted by counsel, we think it not improbable but that another trial will…
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