Volli v. Wirth
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit in justice’s court by Frederick Yolli against Frederick Wirth, for money loaned. Defendant appealed to the circuit court. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error.
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Error to Wayne; Donovan, J. Assumpsit in justice’s court by Frederick Yolli against Frederick Wirth, for money loaned. Defendant appealed to the circuit court. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. This action was begun in justice’s court, where the plaintiff declared, orally, upon the common counts in assumpsit and filed a bill of particulars, the last item of which was money delivered to defendant December 11, 1898. The plea was the general issue, with notice that the cause of action was barred by the statute of limitations.…
1Opinion of the CourtOstrander, J.
(after stating the facts). The writing prepared at the instance of the plaintiff indicates that interest was due, and that interest was expected is conceded in the brief for plaintiff. It seems, then, that each transaction amounted to a lending of money, upon interest, payable within a reasonable time after demand. It is not perceived in what respect the case would be different if each time plaintiff gave defendant money he had received a demand note or a receipt for money to be accounted for on demand. And if it be assumed that an actual demand was contemplated by the parties and was…
2Cases cited2 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- Freeman v. IngersonMichigan Supreme Court · 1906
3Cited by2 opinions
- Gossard v. GossardCourt of Appeals for the Tenth Circuit · 1945
- Guffey v. Gulf Production Co.District Court, W.D. Pennsylvania · 1926