Holcomb & Hoke Manufacturing Co. v. Cataldo
Michigan Supreme Court
Error to Montcalm; Davis, J. Assumpsit in justice’s court by the Holcomb & Hoke Manufacturing Company against Peter Cataldo on certain promissory notes. There was judgment for plaintiff, and defendant appealed to the circuit court. Judgment, for defendant. Plaintiff brings error.
1Opinion of the CourtStone, J.
This is an action of assumpsit begun in justice’s court in the city of Greenville to recover upon 13 promissory notes of $20 each, dated May 1, 1915, given by the defendant to the plaintiff in part payment for a “Butter-Kist” popcorn machine. The plaintiff is an Indiana corporation, and was engaged in the business of manufacturing said machines, which were designed to pop corn automatically. The defendant operated a confectionery store at Greenville.
Plaintiff’s declaration was the ordinary declaration in assumpsit upon the notes and for goods sold. The plea was the general issue with notice…
2Cases cited2 opinions
- Atkinson v. JapinkMichigan Supreme Court · 1915
- Detroit Shipbuilding Co. v. ComstockMichigan Supreme Court · 1906
3Cited by7 opinions
- Kolb v. Golden Rule Baking Co.Missouri Court of Appeals · 1928
- Boudeman v. ArnoldMichigan Supreme Court · 1918
- National Cash Register Co. v. PaulMichigan Supreme Court · 1921
- Dunn Road MacHinery Co. v. Charlevoix Abstract & Engineering Co.Michigan Supreme Court · 1929
- In re American Steel Supply Syndicate, Inc.District Court, E.D. Michigan · 1919
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