Legal Opinion

Young v. Hilsendegen

Michigan Supreme Court

Decided July 21, 1916No. Docket No. 52Published

Error to Wayne; Barton, J., presiding. Assumpsit by Matthew A. Young against George J. Hilsendegen in justice’s court for goods sold and delivered. From a judgment for plaintiff defendant appealed to the circuit court. Judgment for plaintiff on a directed verdict. Defendant brings error.

1Opinion of the CourtBrooke, J.

(after stating the facts). The single question before us raised by the assignments of error seems to be as to the sufficiency of plaintiff’s prima facie case. It is the contention of the defendant’s counsel that the plaintiff failed to make out his case by either proper or sufficient evidence. To this we' cannot agree. Taking into consideration plaintiff’s testimony that the defendant admitted the account in the justice’s court; that, although monthly statements had been sent to the defendant for several months, no attention had been paid to them by the defendant; the fact that in the…

2Cases cited2 opinions

  1. Pabst Brewing Co. v. LuedersMichigan Supreme Court · 1895
  2. Rossman v. BockMichigan Supreme Court · 1893

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