Molby v. Johnson
Michigan Supreme Court
Error to Hillsdale Circuit. This was an action of assumpsit, brought to recover the amount due upon a promissory note, dated April o, 18G4. The defendant gave notice of recoupment.
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Error to Hillsdale Circuit. This was an action of assumpsit, brought to recover the amount due upon a promissory note, dated April o, 18G4. The defendant gave notice of recoupment. On the trial, it appeared in evidence that Johnson had sold Molby a quantity of personal property by bill of sale, including horses, dated March 16, 1861, and on the back of which was endorsed, as the balance due Johnson, $139.32. The horses and certain other of the articles having been paid for, Molby paid him $39.32 in money, and gave the note sued upon for the balance. He testified as follows: “The note was…
1Opinion of the Court
Cooley Oh. J.
There was clearly no ground for recoupment in this case. The evidence of the plaintiff in error showed that the horses formed no part of the consideration of the note.
The judgment must be affirmed.
The other Justices concurred.
2Cited by7 opinions
- Rens v. City of Grand RapidsMichigan Supreme Court · 1889
- Brazee v. BryantMichigan Supreme Court · 1883
- Rott v. GoldmanMichigan Supreme Court · 1926
- Forrest v. JohnsonMichigan Supreme Court · 1894
- Sharpless Separator Co. v. BrownMichigan Supreme Court · 1913
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