Legal Opinion

Bates v. Johnrowe

Michigan Supreme Court

Decided September 29, 1885PublishedCited by 3 opinions

Error to Alpena. (Emeriek, J.) Assumpsit. Plaintiff brings error. Where the sole-credit is rightfully given to the person promising, the-undertaking is original and not within the statute, but if any credit is given to the person promised for, such liability is conclusive that the promise is collateral: Wood on Eraud 155; Throop on Yerbal Agreements 626-7; the-first party and the third party could not severally both be held: Bresler v. Pendell 12 Mich. 224; Gibbs v.…

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Error to Alpena. (Emeriek, J.) Assumpsit. Plaintiff brings error. Where the sole-credit is rightfully given to the person promising, the-undertaking is original and not within the statute, but if any credit is given to the person promised for, such liability is conclusive that the promise is collateral: Wood on Eraud 155; Throop on Yerbal Agreements 626-7; the-first party and the third party could not severally both be held: Bresler v. Pendell 12 Mich. 224; Gibbs v. Blanch-a/rd 15 Mich. 297; Corl&ins v. Collins 16 Mich. 480 ; Welch v. Marvin 36 Mich. 60; Baker v. Ingersoll 39 Mich. 158 i 41…

1Opinion of the CourtCooley, C. J.

Plaintiff brought action in assumpsit, and one of the items of his claim was for the drawing of certain, posts and ties.

The evidence tended to show that the defendants had a contract with one Yiew for the drawing of the ties and posts, and that Yiew had employed the plaintiff f;o do the work at a specified price. Plaintiff, after drawing a few, appears to-have become distrustful of Yiew, and he saw Donnelly, one-*522of tlie defendants, and told him he would not go on with the work unless lie was sure of his pay. Donnelly told him to go on, and defendants would pay him and take it out of View. It…

2Cases cited3 opinions

  1. Calkins v. ChandlerMichigan Supreme Court · 1877
  2. Gower v. StuartMichigan Supreme Court · 1879
  3. Bresler v. PendellMichigan Supreme Court · 1864

3Cited by3 opinions

  1. Greene v. LatchamColorado Court of Appeals · 1892
  2. Ivenson v. CaldwellWyoming Supreme Court · 1891
  3. Greene v. LatchamColorado Court of Appeals · 1892

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