Meister v. Birney
Michigan Supreme Court
Error to Bay Circuit. This was an action of assumpsit brought before a justice of the peace, to recover the rent of a store in Bay ■City. Judgment was rendered in favor of plaintiff. The defendant appealed to the circuit court, where the cause was tried by the court, without a jury.
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Error to Bay Circuit. This was an action of assumpsit brought before a justice of the peace, to recover the rent of a store in Bay ■City. Judgment was rendered in favor of plaintiff. The defendant appealed to the circuit court, where the cause was tried by the court, without a jury. The following is the finding: This cause having been heard 'at the September term, 1870, and submitted, now at this day, the court' finds that on the 23d day of May, 1870, at Bay City, in Bay county, Michigan, Janies Birney, plaintiff, leased by writing to Rosa Meister, the south store in Birney’s block, on lot…
1Opinion of the CourtCoouey, J.
The circuit judge was clearly in error in treating this as a case of novation. To render it such, Bernard L. Meister must have been liable to Bosa Meister for the rent, which is sued for, aud in consideration of such liability, and by her order, or with her consent, and in discharge of her obligation, must have promised to pay the same to Birney, the lessor. But the facts negative any liability to her for the month for which suit is brought; and moreover she is not in any manner connected with the promise to Birney, or shown by Bimey's consent to have been discharged. There was consequently…
2Cases cited1 opinion
- Moore v. Detroit Locomotive WorksMichigan Supreme Court · 1866
3Cited by17 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Heyn v. O'HagenMichigan Supreme Court · 1886
- Hassberger v. General Builders' Supply Co.Michigan Supreme Court · 1921
- Davis v. BowmarMississippi Supreme Court · 1878
- McGirr v. SellIndiana Supreme Court · 1877
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