Parmalee v. Loomis
Michigan Supreme Court
Error to Ingham Circuit. This was an action of case brought by Loomis against Parmalee and Alfred Bixby, for a breach of a warranty of title to a certain city order, drawn by one Benjamin C. Goodhue, contractor, upon the city clerk of Lansing, and payable to Mr. Parmalee for balance due Goodhue, for grading the streets of that city. The defendants delivered said order to the plaintiff in payment of an assessment against them, which he held for collection as city treasurer.
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Error to Ingham Circuit. This was an action of case brought by Loomis against Parmalee and Alfred Bixby, for a breach of a warranty of title to a certain city order, drawn by one Benjamin C. Goodhue, contractor, upon the city clerk of Lansing, and payable to Mr. Parmalee for balance due Goodhue, for grading the streets of that city. The defendants delivered said order to the plaintiff in payment of an assessment against them, which he held for collection as city treasurer. Subsequently one John Eoge'rs brought replevin before a justice of the peace, against the plaintiff for this order, and…
1Per curiam
The objection that the cause was adjourned on the written stipulation of counsel, and without the personal presence of the parties, is not well taken. This is a very different case from a verbal agreement between parties out •of court, upon which action was had by the justice after-wards. In such a case the justice assumes to act upon information furnished by himself, of what the parties have agreed to elsewhere; but in this case, when he acts, he has before him the written stipulation of the parties, which is just as effectual for whatever agreenients are there incorporated, as any oral…
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