Thompson v. Richards
Michigan Supreme Court
This was an action of trespass on the case, based upon a special agreement. Upon the trial of the issue in the Court below, the counsel for the plaintiff gave in evidence the agreement sued on; such agreement being the whole claim of the plaintiff, and which, was in the words and figures following, to wit: “Pinckney, Dec. 1st, 1862. “We the undersigned do agree to pay all the indebtedness of the firm of Thompson & Richards, when D. Richards signs off all his rights and title…
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This was an action of trespass on the case, based upon a special agreement. Upon the trial of the issue in the Court below, the counsel for the plaintiff gave in evidence the agreement sued on; such agreement being the whole claim of the plaintiff, and which, was in the words and figures following, to wit: “Pinckney, Dec. 1st, 1862. “We the undersigned do agree to pay all the indebtedness of the firm of Thompson & Richards, when D. Richards signs off all his rights and title in all property and all profits that have been made in said business, lands, &c., and for the same we have paid him…
1Opinion of the Court
Christiancy J.
The Court erred in allowing the plaintiff, who was sworn as a witness, to testify “ that he executed and delivered to the defendants a deed of the company’s lands in Iowa and Indiana, which they accepted.” The object of the proof was to show performance by the plaintiff of the condition upon which the promise of the defendants was based. The deed was directly in issue and should have been produced and proved in the ordinary way. It was for the Court, and not the witness, to judge whether the instrument he called a deed was such in law, whether, in legal effect, it was a…
2Cases cited3 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Allen v. McKibbinMichigan Supreme Court · 1858
- Hall v. NashMichigan Supreme Court · 1862
3Cited by24 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- People v. DellabondaMichigan Supreme Court · 1933
- People v. BarkerMichigan Supreme Court · 1886
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- Brown v. MarshallMichigan Supreme Court · 1882
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