Hassberger v. General Builders' Supply Co.
Michigan Supreme Court
Error to Wayne; Goff (John H.), J. Assumpsit by Ernest Hassberger against the General Builders’ Supply Company for money had and received. Judgment for plaintiff on a directed verdict. Defendant brings error.
1Opinion of the CourtFellows, J.
(after stating the facts). Defendant here urges that the trial court was in error in not permitting' it to make the defense attempted In this case; that it is not estopped from making it, and it is particularly stressed that the former case did not proceed to final decree, which it is insisted is essential to make available the doctrine of estoppel. Authority will be found tending to sustain defendant’s contention. See Shepard v. Pratt, 32 Iowa, 296; Lindsay v. Dutton, 227 Pa. 208 (75 Atl. 1096); Beeson v. Shively, 28 Kan. 574; Thompson v. Currier, 70 N. H. 259 (47 Atl. 76). But it must be…
2Cases cited29 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Norfolk & Ocean View Railway Co. v. Consolidated Turnpike Co.Supreme Court of Virginia · 1910
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Norfolk Southern Railroad v. ChatmanSupreme Court of the United States · 1917
- Harrington v. Inter-State Business Men's Accident Ass'nMichigan Supreme Court · 1920
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3Cited by23 opinions
- People v. HamacherMichigan Supreme Court · 1989
- Krause v. Hartford Accident & Indemnity Co.Michigan Supreme Court · 1951
- Mertz v. MertzMichigan Supreme Court · 1945
- Mitchell v. Reolds Farms Co.Michigan Supreme Court · 1934
- Hardgrove v. BowmanWashington Supreme Court · 1941
18 more not listed; retrieve them via the Exa API.