Legal Opinion

Darling v. Rutherford

Michigan Supreme Court

Decided October 31, 1900PublishedCited by 1 opinion

Error to Newaygo; Palmer, J. Assumpsit by James H. Darling and Frank H. Smith, copartners as Darling & Smith, against Robert W. Rutherford and Ed. Misner, copartners as Rutherford & Misner, for goods sold and delivered. From a judgment for plaintiffs, defendants bring error.

1Opinion of the CourtHooker, J.

Darling and Smith, plaintiffs, recovered a judgment against Rutherford and Ed. Misner, defendants, in assumpsit. The case is here upon error, at the instance of the defendants. It seems to be conceded that the case hinges upon an item in the plaintiffs’ account for goods sent to Plowman & Tibbitts, the last item of which was furnished two years before the defendants began business, at a time when Rutherford and one Eugene Misner were doing business as copartners. At that time goods were furnished to Plowman & Tibbitts by the plaintiffs, upon request of the defendants, but the parties disagree…

2Cases cited3 opinions

  1. Seager v. CooleyMichigan Supreme Court · 1880
  2. Hayes v. KnoxMichigan Supreme Court · 1879
  3. Ayres v. GallupMichigan Supreme Court · 1880

3Cited by1 opinion

  1. Molera v. CooperCalifornia Supreme Court · 1916

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