Mandigo v. Mandigo
Michigan Supreme Court
Error to Kalamazoo Circuit. This was an action of assumpsit, for labor performed, and money bad and received. A large portion of the money claimed, bad been paid over to defendant while be was still liable as surety upou two promissory notes of tbe plaintiff. This money the defendant afterwards applied in payment of the notes; and be testified that it was agreed between himself and the plaintiff, that it should be applied in that way.
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Error to Kalamazoo Circuit. This was an action of assumpsit, for labor performed, and money bad and received. A large portion of the money claimed, bad been paid over to defendant while be was still liable as surety upou two promissory notes of tbe plaintiff. This money the defendant afterwards applied in payment of the notes; and be testified that it was agreed between himself and the plaintiff, that it should be applied in that way. It appeared, however, that before tbe notes became due, the plaintiff demanded the money of tbe defendant, who refused to pay it back to him. The other facts…
1Opinion of the CourtCooley, J.
The exception in this case, to the whole charge, and to each and every part and paragraph thereof, is one which, under the decision in Danielson v. Dyckman, supra, p. 169, we cannot consider. There are, however, some specific exceptions upon which the plaintiff in error is entitled to be heard. The most important relates to the right of the defendant to retain certain moneys left with him by the plaintiff, and to apply them on notes which he had signed as surety for the plaintiff.
The money, it seems, was left with the defendant after he had thus become surety, and it must be assumed, for the…
2Cases cited1 opinion
- Cushing v. GoreMassachusetts Supreme Judicial Court · 1818
3Cited by6 opinions
- Fellows v. National Can Co.Court of Appeals for the Sixth Circuit · 1919
- Snow v. DuxstadWyoming Supreme Court · 1915
- Trustees of the First Orthodox Congregational Church v. WalrathMichigan Supreme Court · 1873
- Fuerbringer v. HermanMichigan Supreme Court · 1923
- McAllister v. EngleMichigan Supreme Court · 1883
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