Mitchell v. Shuert
Michigan Supreme Court
Error to St. Joseph Circuit. This was an action of assumpsit brought upon a promissory note. The defendant claimed a set-off to the amount of a note he had delivered to plaintiff for collection, but which was lost through his neglect. The set-off was allowed and judgment was rendered in favor of plaintiff for the balance. The facts are stated in the opinion.
1Opinion of the Court
Cooley Ch. J.
Mitchell sued Shuert before a justice of the peace, and recovered judgment upon a promissory note; Shuert not appearing to make defense. Shuert appealed to the Circuit *445Court, where he was permitted to plead the general issue, and to give notice of set-off.
On the trial, the making of the note which plaintiff had declared upon was admitted, and the controversy turned upon the allowance of the set-off. It appeared that on December 21, 1860, Shuert had delivered to Mitchell a note against one Noyes for $39.28, dated April 3, 1855, and had received from Mitchell a receipt stating that…
2Cited by1 opinion
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