Jennison v. Parker
Michigan Supreme Court
Error to Wayne Circuit. Parker brought assumpsit in the court below, against plaintiffs in error, declaring upon the common counts, and upon a note for $532,22 made by defendants September 1st, 1856, due, with interest, on demand.
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Error to Wayne Circuit. Parker brought assumpsit in the court below, against plaintiffs in error, declaring upon the common counts, and upon a note for $532,22 made by defendants September 1st, 1856, due, with interest, on demand. Defendants pleaded the general issue, and gave notice of set - off, with further notice that they would “ show that the plaintiff received of the defendants, as part payment of the note copied in said declaration, a certain draft drawn by Frost & Bradley on Charles Bradley for $120, 36, payable at twenty !days after sight, dated July 19th, 1857, and plaintiff has…
1Opinion of the Court
Manning J.:
The court erred in charging the jury “ there was not sufficient evidence before them to take into consideration anything in relation to the draft,” and in withdrawing the evidence from the jury.
It was argued there was no evidence of the clerk’s authority to receive the draft. Admitting this to' be so, there was evidence in plaintiff’s letter to defendants of the 26th September, tending to show a ratification by plaintiff of the clerk’s acts. They were not repudiated; and plaintiff placed his want of accountability on the ground that the draft was not paid when due, and that…
2Cases cited2 opinions
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- Rozet v. McClellanIllinois Supreme Court · 1868
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