Legal Opinion

Kalmbach v. Foote

Michigan Supreme Court

Decided June 5, 1891Published

Error to Kent. (Burch, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion, and in 79 Mich. 236.

1Opinion of the CourtMcGrath, J.

This is the second time that this case has been before this Court. 79 Mich. 236. The jury found for defendant, and plaintiff again appeals.

The questions submitted to the jury were:

1. Did defendant know when he went with the sheriff to plaintiff that Tooley intended to appeal the case in which the execution was issued.

2. Did he make any misrepresentations to plaintiff?

3. Did defendant ascertain, before he accounted to Anna Tooley for the proceeds of the note, that the original suit was to be appealed?

4. Was the defendant personally liable to Friedrich for the price of the piano which Anna…

2Cases cited1 opinion

  1. Kalmbach v. FooteMichigan Supreme Court · 1890

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