Legal Opinion

Eslow v. City of Albion

Michigan Supreme Court

Decided July 13, 1908No. Docket No. 46PublishedCited by 6 opinions

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

  1. Betts v. Village of ReadingMichigan Supreme Court · 1892

3Cited by6 opinions

  1. Dallas County Community College District v. BoltonTexas Supreme Court · 2005
  2. Merrill v. GordonArizona Supreme Court · 1914
  3. Universal Film Exchanges, Inc. v. Board of Finance & RevenueSupreme Court of Pennsylvania · 1962
  4. Baldwin v. Village of ChesaningMichigan Supreme Court · 1915
  5. Dallas County Community College District v. BoltonTexas Supreme Court · 2005

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