Hoard v. Little
Michigan Supreme Court
Error to Lapeer Circuit. Little declared - against Hoard in the court below as follows: “For that the defendant, on the fifth day of October, A. D. 185Y, was indebted to the plaintiff in the sum of four hundred dollars, for the price and value of goods then sold and delivered by the plaintiff to the defendant, at his request. And in a like sum for the price and value of work then done, and materials for the same, provided by the plaintiff for the defendant, at his request.
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Error to Lapeer Circuit. Little declared - against Hoard in the court below as follows: “For that the defendant, on the fifth day of October, A. D. 185Y, was indebted to the plaintiff in the sum of four hundred dollars, for the price and value of goods then sold and delivered by the plaintiff to the defendant, at his request. And in a like sum for the price and value of work then done, and materials for the same, provided by the plaintiff for the defendant, at his request. And in a like sum for money then lent by the plaintiff to the defendant, at his request. And in a like sum for money then…
1Opinion of the Court
Manning J.:
A reversal of the judgment is asked on two grounds:
1st. That the declaration, which is in assumpsit on the common counts, after stating the several causes of action, does not allege an express promise; or, in other words, omits to state what the law implies. The objection would be good on a special demurrer, but it is cured by the judgment.— Comp. B. §4419.
2d. That the note, a copy of which was given at the foot of the declaration, was received as evidence, without proof of the maker’s signature. The reason for this objection is stated in such ambiguous terms, in the bill of…
2Cited by7 opinions
- Detzur v. B. Stroh Brewing Co.Michigan Supreme Court · 1899
- People v. CormandyMichigan Court of Appeals · 1969
- People v. HicksMichigan Court of Appeals · 1976
- Meyers v. CHRIS-CRAFT CORPORATIONMichigan Supreme Court · 1967
- Adams v. Novo Engine Co.Michigan Supreme Court · 1933
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