McCain v. Smith

This case is here for the second time. When first here, it was reported in 164 Mich. 683 (130 N. W. 342). The action is to recover against the defendant for the services of plaintiff’s testator in keeping certain books of a partnership association, limited, of which the defendant was secretary and treasurer, from February 1, 1901, to February 1, 1906. Upon the first trial no testimony was offered by the defendant, and the trial court directed a verdict for the defendant; and the important question before this court, when the case was here before, was whether the plaintiff had made a prima…