Wilcox v. Toledo & Ann Arbor Railroad
Michigan Supreme Court
Error to Washtenaw. Assumpsit on certiorari from before a justice. Plaintiff brings error. An assignment of a claim to the plaintiff is sufficiently averred in an action before a justice by the indorsement of the assignment on the instrument sued upon, signed by the assignee. Snell v. Gregory 37 Mich, 500; Kelly v. Waters 31 Mich. 404; Draper v. Fletcher 26 Mich. 154.
1Opinion of the Court
Cooley, 4.
This case had its origin in justice’s court, where the railroad company brought suit upon the following paper writing as its sole cause of action:
“$300. Milan, Michigan, August 21, 1871.
For the purpose of promoting and aiding the construction of the Toledo, Ann Arbor & Northern Railroad, and in consideration of the benefits to be derived therefrom, I do hereby pledge and agree to pay to the order of the Toledo, Ann Arbor & Northern Railroad Company the sum of three hundred dollars in installments of twenty per cent, on each eight miles of iron laid on the line of said road, except…
2Cases cited3 opinions
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Daniels v. CleggMichigan Supreme Court · 1873
- Hurtford v. HolmesMichigan Supreme Court · 1855
3Cited by16 opinions
- Wilks v. Georgia Pacific RailroadSupreme Court of Alabama · 1885
- Day v. Spiral Springs Buggy Co.Michigan Supreme Court · 1885
- Toledo & Ann Arbor R. R. v. JohnsonMichigan Supreme Court · 1882
- Campbell v. City of KalamazooMichigan Supreme Court · 1890
- Toledo & Ann Arbor R. R. v. JohnsonMichigan Supreme Court · 1885
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