Dudgeon v. Haggart
Michigan Supreme Court
Error to Kalamazoo Circuit. This was an action by plaintiff to recover a sum of money paid by him as surety upon a note. The declaration contained a special count and the common counts. The defendant pleaded the general issue and gave notice of special matter. A verdict was rendered for the defendant.
Read the full summary
Error to Kalamazoo Circuit. This was an action by plaintiff to recover a sum of money paid by him as surety upon a note. The declaration contained a special count and the common counts. The defendant pleaded the general issue and gave notice of special matter. A verdict was rendered for the defendant. The facts are stated in the opinion. 1. Misapprehension of the court as to a material fact, and the direction to the jury accordingly, are said to be unmistakable grounds for reversal of the judgment.— 1 Bailey, 482, 235; 1 Rep. Const. Ct. 200. 2. A receipt purporting to be a payment in full,…
1Opinion of the Court
Graves J.
Dudgeon sued Haggart in the court below to recover an amount paid by him as surety for Haggart upon a note of $1,300 to Woodbury, Potter and Wood. The declaration embraced the common counts in assumpsit, and a special count containing the facts connected with the undertaking.
The damages were laid at $1,000. The general issue was pleaded, accompanied by a notice of set-off, and that the defendant would give in evidence on the trial under the issue, that on or about the 10th of May, 1865, the defendant, to secure the plaintiff the payment of $269, or that portion of it not theretofore…
2Cases cited10 opinions
- United States v. NichollSupreme Court of the United States · 1827
- Turner v. YatesSupreme Court of the United States · 1854
- Stevens v. CooperNew York Court of Chancery · 1815
- Norton v. CoonsNew York Supreme Court · 1846
- Blossom v. . GriffinNew York Court of Appeals · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sarmiento v. Catherine C.Michigan Supreme Court · 1896
- Swan v. GregoryMichigan Supreme Court · 1917
- In re HurstU.S. Circuit Court for the District of Eastern Michigan · 1876
- Detroit Stove Works v. PerryU.S. Circuit Court for the District of Eastern Michigan · 1879
- Hanson v. DonkersleyMichigan Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.