Piehl v. Piehl
Michigan Supreme Court
Error to Cheboygan; Shepherd, J. Assumpsit by Frederick Piehl against Daniel Piehl for money had and received. There was judgment for plaintiff, and defendant brings error. Plaintiff- and defendant are brothers. Their father, Frederick Piehl, Sr., lived in Canada, where he died in April, 1900. He had three sons and one daughter. In 1895 he transferred to the defendant all his property, except some money, on condition that he take care of him the rest of his life.
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Error to Cheboygan; Shepherd, J. Assumpsit by Frederick Piehl against Daniel Piehl for money had and received. There was judgment for plaintiff, and defendant brings error. Plaintiff- and defendant are brothers. Their father, Frederick Piehl, Sr., lived in Canada, where he died in April, 1900. He had three sons and one daughter. In 1895 he transferred to the defendant all his property, except some money, on condition that he take care of him the rest of his life. The property was worth about #1,500. The validity of the contract with his father is not assailed, and it appears conceded that he…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is urged that there is no evidence of an indebtedness from Mr. Piehl, Sr., to the plaintiff: When the plaintiff rested his *517case there was no such evidence. One Julia Mosser was called by the plaintiff to sustain his case, and she testified on direct examination as follows:
“ Q. Was there anything said by the old gentleman at that time that they were making that agreement why he should pay Fred that $400 ? A. No.
“ Q. Didn’t give any reasons ? A. No.”
After plaintiff had rested, defendant moved to strike out plaintiff’s testimony, and to direct a verdict for…
2Cases cited3 opinions
- Cornwell v. MeginsSupreme Court of Minnesota · 1888
- Dean v. EllisMichigan Supreme Court · 1896
- Fuller & Rice Lumber & Manufacturing Co. v. HousemanMichigan Supreme Court · 1898
3Cited by8 opinions
- Mitcham v. City of DetroitMichigan Supreme Court · 1959
- Harrington-Wiard Co. v. Blomstrom Manufacturing Co.Michigan Supreme Court · 1911
- In re RansfordCourt of Appeals for the Sixth Circuit · 1912
- Goonen v. Ann Arbor RailroadMichigan Supreme Court · 1922
- M. Gimble & Sons v. KingCourt of Appeals of Texas · 1906
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