Turner v. McCarty
Michigan Supreme Court
Error to Kent Circuit. This was an action of assumpsit, brought by appeal from the judgment of a , justice of the peace into the Circuit Court for the County of Kent, wherein Thomas McCarty was plaintiff and John A. Turner defendant. The plaintiff declared for work and labor performed by him for the contractor for street paving in the city of Grand Eapids.
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Error to Kent Circuit. This was an action of assumpsit, brought by appeal from the judgment of a , justice of the peace into the Circuit Court for the County of Kent, wherein Thomas McCarty was plaintiff and John A. Turner defendant. The plaintiff declared for work and labor performed by him for the contractor for street paving in the city of Grand Eapids. The defendant was the assignee of the original contractor with the city, and by the terms of the assignment to him he had agreed with his assignor to pay all sums of. money due to persons for such labor as had been performed by the…
1Opinion of the Court
Campbell, Ch. J.
Turner, having become assignee of a grading contract, and the former contractor having become liable to several persons whom he had employed in various capacities to work for him, executed, on the same paper which contained the assignment to him, the following article:
“I, John A. Turner, of the city of Grand Rapids, and state of Michigan, do hereby agree and bind myself to pay. all sums of money due persons for labor heretofore performed on said street, on account of grading said street. The above word ‘labor’ is intended to apply to shovelers and teamsters only. J. A. Turner.…
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