Jones v. Dimmock
Circuit Court of the 36th Circuit of Michigan
Action of assumpsit, upon an instrument oí which the following is a copy : Pine Grove, Feb 4, ’69. For value received, I promise to pay A. Jones or bearer, six hundred dollars, in eight equal installments, monthly, to be paid in lumber and shingles. “ A” shingles, $3 50 per M.; fencing, $13 per M.; stock lumber, $12 per M. at the mill. “Rev. Stamp. 80 cts. * S. DIMMOCK.”
Read the full summary
Action of assumpsit, upon an instrument oí which the following is a copy : Pine Grove, Feb 4, ’69. For value received, I promise to pay A. Jones or bearer, six hundred dollars, in eight equal installments, monthly, to be paid in lumber and shingles. “ A” shingles, $3 50 per M.; fencing, $13 per M.; stock lumber, $12 per M. at the mill. “Rev. Stamp. 80 cts. * S. DIMMOCK.” On the trial, the execution of the above instrument was proved, and the same was offered in evidence, whereupon the plaintiff rested The defendant then testified to the receipt by the plain tiff of lum her, shingles and lath,…
1Opinion of the Court
By the Court,
Brown, J,
'The written instrument offered in evidence in this oase is not prima facie evidence of an existing indebtedness, and the plaintiff in order to entitle him to recover, must show affirmatively that the defendant has not fulfilled his contract.
The plaintiff rested his case without showing any breach of the contract. To show s^ch breach he should show a demand and a noncomplianco by the defendant, or a refusal by the defendant- to comply with the contract.
After the, defendant had rested his case, the plaintiff and his son testified that Dimmock acknowledged that he had not…
2Cases cited6 opinions
- Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Williams v. SimsSupreme Court of Alabama · 1853
- Perry v. SmithSupreme Court of Vermont · 1850
- Mettler v. MooreIndiana Supreme Court · 1825
- Davenport v. WellsSupreme Court of Iowa · 1855
1 more not listed; retrieve them via the Exa API.