Lester v. Sutton
Michigan Supreme Court
Error to Wayne Circuit. The action was assumpsit, brought by Lester against Sutton, to recover a charge for commissions in purchasing lumber.
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Error to Wayne Circuit. The action was assumpsit, brought by Lester against Sutton, to recover a charge for commissions in purchasing lumber. On the trial, to show that the lumber was not, in fact, purchased on his account, defendant introduced in evidence two letters from plaintiff to Silliman & Has well, dated June 3d and 13th, 1856, the latter purporting to be in.answer to a letter from them to him, of June 9th, 1856. Plaintiff objected to the introduction of these letters, unless that of June 9th, which he produced, and which referred to that of June 3d, was read in connection, but the…
1Opinion of the Court
Martin Ch. J.:
Whether the letter of the 9th of June, from Silliman & Ilaswell to Lester, was competent evidence for the plaintiff when the case was his,s or not, it is unnecessary to determine, as it became clearly competent, and should, in fact, have been introduced by the defendant in connection with that of the 13th of June, written by the plaintiff to them. What would, or might be, its effect upon the issue or trial, it is immaterial to inquire. But it was a part of the correspondence relative to the subject matter 'in issue. It was written in reply to that of the 3d of >3une, and was the…
2Cited by4 opinions
- Stagg v. ComptonIndiana Supreme Court · 1881
- Cade v. HoffSupreme Court of Minnesota · 1952
- Throop v. North American Fire InsuranceMichigan Supreme Court · 1870
- Altman v. JohnsonCircuit Court of the 39th Circuit of Michigan · 1871