Legal Opinion

Wheeler v. Baker

Michigan Supreme Court

Decided March 23, 1903No. Docket No. 94PublishedCited by 6 opinions

Error to Wayne; Donovan, J. Assumpsit by Hayden W. Wheeler, Hayden H. Butts, Oliver G. Fessenden, Walter N. Walker, and Willard H. Wheeler, copartners as Hayden W. Wheeler & Company, against Fred L. Baker, for money had and received. From a judgment for defendant, plaintiffs bring error.

1Opinion of the CourtCarpenter, J.

During the year 1900 defendant was a traveling salesman in the employ of plaintiffs. He became short in his accounts, and on the 14th of October, 1900, plaintiff Fessenden obtained from him at Pittsburg, Pa., a written confession that his shortages amounted to the sum of $2,575.39, summarized as follows: Short on *508cash collected, $693.16; goods sold for cash, and unaccounted for, $1,327.16; goods given as discount, and charged to other parties, $236.44; goods given as discount, and not yet charged to anybody, $318.63. After this confession was obtained, defendant was permitted to do business…

2Cases cited2 opinions

  1. Tanner v. MerrillMichigan Supreme Court · 1895
  2. Kern Brewing Co. v. Royal InsuranceMichigan Supreme Court · 1901

3Cited by6 opinions

  1. Eisenberg v. C. F. Battenfeld Oil Co.Michigan Supreme Court · 1930
  2. Goldsmith v. LichtenbergMichigan Supreme Court · 1905
  3. Fricke v. ForbesMichigan Supreme Court · 1940
  4. Empire Industries, Inc. v. Northern Assurance Co.Michigan Supreme Court · 1955
  5. Pelavin v. Fenton, Davis & BoyleMichigan Supreme Court · 1931

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