Love v. Ramsey
Michigan Supreme Court
Error to Ionia; Davis, J. Assumpsit by William Love against William J. Ramsey for goods sold and 'delivered. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Plaintiff sued defendant in justice’s court to recover for a small bill of lumber claimed to have been sold by him to defendant. The declaration is on the common counts. A bill of particulars was furnished, setting forth the' amount and price of the lumber.
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Error to Ionia; Davis, J. Assumpsit by William Love against William J. Ramsey for goods sold and 'delivered. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. Plaintiff sued defendant in justice’s court to recover for a small bill of lumber claimed to have been sold by him to defendant. The declaration is on the common counts. A bill of particulars was furnished, setting forth the' amount and price of the lumber. The theory of the declaration and bill of particulars and the evidence adduced on behalf of the plaintiff is that the sale was made to…
1Opinion of the CourtGbant, J.
(after stating the facts). 1. .The declaration is not based upon the theory that the credit was given to the corporation, and that in consequence of its illegal character the defendant is liable. Neither is any such' theory suggested in the testimony of the plaintiff or his clerk, the sole witnesses to establish the sale. Both testified that the goods were ordered by Ramsey in his own name, and that they knew nothing about the Sunfield Manufacturing Company, or the defendant’s connection with it, until some time after the sale. In the cases cited by the plaintiff (21 Am. & Eng. Enc. Law [2d…
2Cases cited12 opinions
- Loverin v. McLaughlinIllinois Supreme Court · 1896
- Bigelow v. GregoryIllinois Supreme Court · 1874
- Eaton v. WalkerMichigan Supreme Court · 1889
- Hurt v. SalisburySupreme Court of Missouri · 1874
- Merchants & Manufacturers' Bank v. StoneMichigan Supreme Court · 1878
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3Cited by4 opinions
- PERRY & DERRICK CO. INC. v. KingMichigan Court of Appeals · 1970
- Pelavin v. Fenton, Davis & BoyleMichigan Supreme Court · 1931
- Thompson v. Park Sav. BankCourt of Appeals for the D.C. Circuit · 1935
- PERRY & DERRICK CO. INC. v. KingMichigan Court of Appeals · 1970