Eslow v. City of Albion
Michigan Supreme Court
Error to Calhoun; North, J. Assumpsit by Champion L. Eslow against the city of Albion for money had and received. There was j udgment for defendant on a verdict directed by the court, and plaintiff brings error.
1Opinion of the CourtMcAlvay, J.
Plaintiff brought suit against the city of Albion to recover certain money paid for license as a saloon, authorized by a city ordinance. At the close of plaintiff’s case both parties moved the court for an instructed verdict — the defendant, for the reason that plaintiff had not made a case sufficient to recover; that the *721money had been paid voluntarily, without protest, with full knowledge of all of the facts; and that the ordinance had not been shown to be invalid — the plaintiff, because from the undisputed evidence defendant has $500 of plaintiff’s money received under an invalid…
2Cases cited1 opinion
- Betts v. Village of ReadingMichigan Supreme Court · 1892
3Cited by6 opinions
- Dallas County Community College District v. BoltonTexas Supreme Court · 2005
- Merrill v. GordonArizona Supreme Court · 1914
- Universal Film Exchanges, Inc. v. Board of Finance & RevenueSupreme Court of Pennsylvania · 1962
- Baldwin v. Village of ChesaningMichigan Supreme Court · 1915
- Dallas County Community College District v. BoltonTexas Supreme Court · 2005
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