Lamb v. Rathburn
Michigan Supreme Court
Error to Livingston; Smith, J. Assumpsit by Charles Lamb against Adelbert Rathburn to recover an amount due under a lease. From a judgment for defendant upon the allowance-of a set-off, plaintiff brings error. In January, 1892, plaintiff leased the defendant his farm for five years.
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Error to Livingston; Smith, J. Assumpsit by Charles Lamb against Adelbert Rathburn to recover an amount due under a lease. From a judgment for defendant upon the allowance-of a set-off, plaintiff brings error. In January, 1892, plaintiff leased the defendant his farm for five years. The rent was $450 per year, but, if paid on the 1st day of March each year, to be $400. The lease also required defendant to execute to plaintiff, on or before the 1st day of March each year, a chattel mortgage upon the growing crops, and other personal property of sufficient value to secure payment of the rent…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. At the settlement, defendant insisted that he owed the plaintiff $514.19. The dispute between them was over $50. It is unnecessary to state details. The settlement was made with the full knowledge of the claim of each party in regard to it. There was no mistake. It was therefore error for the court to instruct the jury that, if defendant paid the money by mistake, he was entitled to recover it back.
2. Defendant urges that he paid it under duress, and cites Hackley v. Headley, 45 Mich. 569. A complete *668reply to this claim is that this theory of the case was not…
2Cases cited6 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Goebel v. LinnMichigan Supreme Court · 1882
- Moore v. Detroit Locomotive WorksMichigan Supreme Court · 1866
- Connelly v. DevoeSupreme Court of Connecticut · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Levine v. BlumenthalSupreme Court of New Jersey · 1936
- Sherman, Clay & Co. v. Buffum & PendletonOregon Supreme Court · 1919
- Harris v. Chain Store Realty Bond & Mortgage Corp.Michigan Supreme Court · 1950
- Farhat v. RasseyMichigan Supreme Court · 1940
- Adams Recreation Palace, Inc. v. GriffithOhio Court of Appeals · 1937