Moore v. Mandlebaum
Michigan Supreme Court
Error to Wayne Circuit. The action was upon the common counts in assumpsit. The plaintiff claimed to recover of defendant the sum of $13,000 as money had and received by the latter to the use of the plaintiff, on or about August 25, 1853, and interest thereon from that time, as part of the purchase price of certain lands in Houghton county hereinafter described, which it was admitted the plaintiff had owned on and previous to March 23, 1853. On the trial before a jury, the…
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Error to Wayne Circuit. The action was upon the common counts in assumpsit. The plaintiff claimed to recover of defendant the sum of $13,000 as money had and received by the latter to the use of the plaintiff, on or about August 25, 1853, and interest thereon from that time, as part of the purchase price of certain lands in Houghton county hereinafter described, which it was admitted the plaintiff had owned on and previous to March 23, 1853. On the trial before a jury, the plaintiff gave in evidence a power of attorney from himself to the defendant, authorizing the latter to sell and convey…
1Opinion of the Court
Christiancy J.:
The evidence offered by the plaintiff was improjjerly refused by the court. It appeared inferentially from the evidence which had already been given, that the defendant had accepted and recognized the power of attorney, and that he had, in effect, assumed to act as the agent of the plaintiff; and the plaintiff offered to show that he had fully and in fact recognized the agency, and induced the plaintiff to place confidence in him, as such. In that confidential relation he was bound to the utmost degree of good faith, - and had no right, while professing to act in that capacity,…
2Cases cited11 opinions
- Mowatt v. WrightNew York Supreme Court · 1828
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Brown v. LynchNew York Court of Chancery · 1828
- Hess v. FoxNew York Supreme Court · 1833
- Eddy v. SmithNew York Supreme Court · 1835
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- City of Findlay v. PertzCourt of Appeals for the Sixth Circuit · 1895
- Rochester v. LeveringIndiana Supreme Court · 1886
- Bither v. PackardSupreme Judicial Court of Maine · 1916
- Coast Trading Co. v. Parmac, Inc.Court of Appeals of Washington · 1978
38 more not listed; retrieve them via the Exa API.