Widner v. Western Union Telegraph Co.
Michigan Supreme Court
Error to Bay. (Green, J.) Assumpsit. Defendants bring error. A creditor wlio receives1 a payment enclosed in a letter which refers to it as “ in settlement of account ” cannot afterward sue for a balance r McDaniels v. Lapham 21 Yt. 222; Me Glynn v. Billings-16 Yt. 329 ; Towslee v. Healey 39 Yt. 523; Gole v. Transportation Go. 26 Yt. 8T; McDaniels v. Bank of Riotland' 29 Yt. 230 ; Preston v. Grant 34 Yt. 201; Potter v. Douglass 44 Conn. 541; Palmerton v. Huxford 4 Den. 166;.…
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Error to Bay. (Green, J.) Assumpsit. Defendants bring error. A creditor wlio receives1 a payment enclosed in a letter which refers to it as “ in settlement of account ” cannot afterward sue for a balance r McDaniels v. Lapham 21 Yt. 222; Me Glynn v. Billings-16 Yt. 329 ; Towslee v. Healey 39 Yt. 523; Gole v. Transportation Go. 26 Yt. 8T; McDaniels v. Bank of Riotland' 29 Yt. 230 ; Preston v. Grant 34 Yt. 201; Potter v. Douglass 44 Conn. 541; Palmerton v. Huxford 4 Den. 166;. Tuttle v. Tuttle 12 Met. 551; Stockton v. Frey 4 Gill 406 ; Foersch v. Blackwell 14 Barb. 607; Pierce v. Pierce 25…
1Opinion of the CourtSherwood, J.
The plaintiff brought this action against
the defendant in the Bay circuit to recover a balance claimed to be due him from the defendants for poles sold and delivered under a written contract dated February 3d, 1880 ;. and for disbursements made in and about the delivery of said poles — in all to the amount of $475. ' Declaration was on common counts; plea, general* issue, with notice there - *293finder of set-off .and of tbe contract under which poles were delivered and its terms, and alleging breach on part of plaintiff and claiming damages by recoupment. The jury rendered a verdict, under the…
2Cases cited6 opinions
- Orr v. HodgsonSupreme Court of the United States · 1819
- Blackwell v. FostersCourt of Appeals of Kentucky · 1858
- Continental Insurance v. HortonMichigan Supreme Court · 1873
- Hazard v. New England Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1832
- Bruce v. PearsonNew York Supreme Court · 1808
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cadillac Theatre Co. v. FitzgeraldMichigan Supreme Court · 1920