Peter v. Thickstun
Michigan Supreme Court
Error to Lapeer. (Stickney, •!.) Assumpsit. Plaintiff brings error. cited as to acceptance of a draft offered in full payment, Mg Glynn v. Billings 16 Yt. 329 and Davenport v. Wheeler 7 Cow. 231. cited in support of the' admission of testimony as to the scope of plaintiff’s business, Wilbur v. Flood 16 Mich. 43; Starkie’s Ey.
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Error to Lapeer. (Stickney, •!.) Assumpsit. Plaintiff brings error. cited as to acceptance of a draft offered in full payment, Mg Glynn v. Billings 16 Yt. 329 and Davenport v. Wheeler 7 Cow. 231. cited in support of the' admission of testimony as to the scope of plaintiff’s business, Wilbur v. Flood 16 Mich. 43; Starkie’s Ey. (9th ed.) 34; a memorandum on the face of a cheque to the effect that it is in full payment is not a part of the cheque, but may be treated as made for the purchaser’s convenience: Buhl v. Trowbridge 42 Mich. 44; if one of the parties has derived any advantage from a…
1Opinion of the CourtSheewood, J.
The plaintiff sued the defendant in as-sumpsit to recover for a quantity of mill-feed sold and delivered. Plea, general issue, and notice of set-off.
On the trial, the account of thé.plaintifE, amounting to $43.54, was admitted by the defendant to be correct, but he ■claimed that on the 9th day of May, 1881, he sold to the plaintiff two car-loads of shingles, to be delivered on the •cars at Toledo, at $3.50 per thousand, as soon as he could get the cars for that purpose; and that on the 11th day of June following he forwarded the two car-loads of shingles, .and when they arrived in Toledo…
2Cases cited5 opinions
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Druse v. WheelerMichigan Supreme Court · 1872
- Cleveland & Toledo R. R. v. PerkinsMichigan Supreme Court · 1868
- American Transportation Co. v. MooreMichigan Supreme Court · 1858
- Sager v. TupperMichigan Supreme Court · 1878
3Cited by7 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Hudson & Co. v. Northern Pacific Railway Co.Supreme Court of Iowa · 1894
- Seligman v. RogersSupreme Court of Missouri · 1893
- Leonard Refineries, Inc. v. GregoryMichigan Supreme Court · 1940
- Goldsmith v. LichtenbergMichigan Supreme Court · 1905
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