Legal Opinion

Gooding v. Hingston

Michigan Supreme Court

Decided May 26, 1870PublishedCited by 4 opinions

Error to Saginaw Circuit. This was an action of assumpsit brought by James Hingston, in the Circuit Court, for the County of Saginaw against Jasper K. Gooding. The plaintiff declared upon the common counts in asstimpsit, including »the count upon an account stated: and on the trial offered in evidence an exemplification of a judgment rendered in the Court of Queen’s Bench, Toronto, Upper Canada, against the defendant, and in favor of the plaintiff and one William McBain.

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Error to Saginaw Circuit. This was an action of assumpsit brought by James Hingston, in the Circuit Court, for the County of Saginaw against Jasper K. Gooding. The plaintiff declared upon the common counts in asstimpsit, including »the count upon an account stated: and on the trial offered in evidence an exemplification of a judgment rendered in the Court of Queen’s Bench, Toronto, Upper Canada, against the defendant, and in favor of the plaintiff and one William McBain. This was objected to by the defendant, as inadmissible under the declaration; the Court overruled the objection, and…

1Opinion of the CourtCooley, J.

It appears from this record that Hingston sued Gooding in assumpsit, the declaration containing only the common counts for goods sold and delivered, work, labor and materials, money paid, money had and received, and an account stated. On the trial, he offered in evidence, as the sole cause of action, a judgment recovered in the Court of Queen’s Bench of Upper Canada, in favor of one McBain, against Gooding, and of which he claimed to be the assignee. The admission of this judgment in evidence was objected to by the defendant, because not specially counted upon, but the Judge admitted it, and…

2Cases cited2 opinions

  1. Bissell v. KipNew York Supreme Court · 1809
  2. Bibbins v. NoxonNew York Supreme Court · 1830

3Cited by4 opinions

  1. Thomasma v. CarpenterMichigan Supreme Court · 1913
  2. Curtis v. Flint & Pere Marquette Railway Co.Michigan Supreme Court · 1875
  3. Fry v. TalbottCourt of Appeals of Maryland · 1907
  4. Ordenstein v. BonesArizona Supreme Court · 1887

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