Pipp v. Reynolds
Michigan Supreme Court
Error to Wayne Circuit. Caspar Pipp, Henry Spitzley, and Joseph Spitzley, brought an action of assumpsit in the Wayne Circuit Court against Albert Reynolds and Andrew Hess, setting forth their cause of action thus: “ For that whereas, heretofore, to wit, on the fourth day of March, A. D. 1868, one Roger Ecklin, was a partner in business with the defendant, Andrew Hess, and doing business with him, said defendant,1 under the firm name of Hess and Ecklin, and while the said…
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Error to Wayne Circuit. Caspar Pipp, Henry Spitzley, and Joseph Spitzley, brought an action of assumpsit in the Wayne Circuit Court against Albert Reynolds and Andrew Hess, setting forth their cause of action thus: “ For that whereas, heretofore, to wit, on the fourth day of March, A. D. 1868, one Roger Ecklin, was a partner in business with the defendant, Andrew Hess, and doing business with him, said defendant,1 under the firm name of Hess and Ecklin, and while the said Ecklin was so a partner of the said defendant, Hess, he, the said Ecklin, to wit, on the day aforesaid, did then, in…
1Opinion of the CourtGraves, J.
This Case having been brought to trial upon the issue of fact and the evidence on both sides having been submitted, the Court instructed the jury that the special counts in the declaration did not allege a cause of action. The case was therefore decided by the Court upon the view taken of the special counts, it appearing to have been admitted that the plaintiff’s cause of action, if any, was based upon them alone. They are framed in special assumpsit and purport to set forth the facts supposed by the pleader to constitute the express contract on which the plaintiffs sued. According to the…
2Cases cited2 opinions
- McCune v. Norwich City Gas Co.Supreme Court of Connecticut · 1862
- Bailey v. BussingSupreme Court of Connecticut · 1860
3Cited by24 opinions
- Woods v. AyresMichigan Supreme Court · 1878
- Board of Commerce v. Security Trust Co.Court of Appeals for the Sixth Circuit · 1915
- Booth v. Connecticut Mutual Life InsuranceMichigan Supreme Court · 1880
- Linneman v. Estate of MorossMichigan Supreme Court · 1893
- South Florida Telegraph Co. v. MaloneySupreme Court of Florida · 1894
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