J. F. Hartz Co. v. Lukaszcewski
Michigan Supreme Court
Error to Wayne; Hosmer, J. Assumpsit in justice’s, court by the J. F. Hartz Company against S. J. Lukaszcewski for goods sold and delivered. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment for defendant. Plaintiff brings error.
1Opinion of the CourtSteere, J.
Plaintiff brought this action in a justice’s court of the city of Detroit to recover a claimed balance due upon a running account extending from November 6, 1909, to February 28, 1912, declaring orally upon the common counts in assumpsit and claiming $500 or under.
Defendant orally pleaded the general issue with special notice of set-off and recoupment. Each furnished a bill of particulars. Plaintiff’s, comprised a lengthy account for medicines, drugs, surgical instruments, etc., sold to defendant during the period mentioned, with credits for numerous payments thereon from time to time; while…
2Cases cited8 opinions
- Sullivan v. HaugMichigan Supreme Court · 1890
- Messenger v. TeaganMichigan Supreme Court · 1895
- Yznaga Del Valle v. HarrisonSupreme Court of the United States · 1876
- Smart v. HoweMichigan Supreme Court · 1855
- M'gruder v. LyonsSupreme Court of Virginia · 1851
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3Cited by15 opinions
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- In Re Kasuba EstateMichigan Supreme Court · 1977
- Ideal Furnace Co. v. International Molders' Union of North AmericaMichigan Supreme Court · 1918
- Carpenter v. DennisonMichigan Supreme Court · 1919
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