Cairbre v. McQuillen
Michigan Supreme Court
Error to Marquette; Cooper, J., presiding. Assumpsit by Bernard Cairbre against James McQuillen for money had and received. A judgment for plaintiff is reviewed by defendant on writ of error.
1Opinion of the CourtBird, C. J.
Plaintiff sued defendant in assumpsit to recover on an account which he claims was incurred by defendant between the years 1870 and 1886. In compliance with a demand, plaintiff filed a bill of particulars showing 25 separate items, aggregating $3,065.85. It was claimed by plaintiff that defendant made various payments upon the account from 1870 to 1886. Since 1883 defendant has resided outside of the State.
Defendant denied that he had ever received any money from plaintiff. He admitted that, while attending medical college in Montreal, he had received money from *681home, but claimed it was…
2Cases cited7 opinions
- People v. BarkerMichigan Supreme Court · 1886
- New York Iron Mine v. First National BankMichigan Supreme Court · 1878
- Ireland v. Cincinnati, Wabash & Michigan RailroadMichigan Supreme Court · 1890
- Blackwood v. BrownMichigan Supreme Court · 1875
- Hemminger v. Western Assurance Co.Michigan Supreme Court · 1893
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3Cited by1 opinion
- Battle Creek Food Co. v. KirklandMichigan Supreme Court · 1941