M'Hardy v. Wadsworth
Michigan Supreme Court
Error to Macomb Circuit. The action was by Wadsworth, on the common counts. The bill of particulars specified certain cows, heifers, horses and goods, sold by him to plaintiffs in error, and also a promissory note given by them to him for three hundred and ninety dollars. The defendants pleaded the general issue, with notice of recoupment, which, together with the evidence given under it, are sufficiently stated in the opinion of Judge Christiancy.
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Error to Macomb Circuit. The action was by Wadsworth, on the common counts. The bill of particulars specified certain cows, heifers, horses and goods, sold by him to plaintiffs in error, and also a promissory note given by them to him for three hundred and ninety dollars. The defendants pleaded the general issue, with notice of recoupment, which, together with the evidence given under it, are sufficiently stated in the opinion of Judge Christiancy. The plaintiff proved no cause of action except the note. The court charged the jury that the plaintiff would' be entitled to recover the whole…
1Opinion of the Court
Christiancy J.:
The notice of special matter of defense in this case was, in substance, that defendants would show on the trial that the note upon which the suit was brought was given for a cow and certain heifers mentioned in the plaintiff’s bill of particulars, sold by the plaintiff below to the defendants, with warranty, averring the breach of the warranty, and damages thereby, and notifying the plaintiff that they would set up these damages by way of recoupment or reduction of the plaintiff’s claim.
The evidence on the part of the defendants corresponds, in all respects, with their notice,…
2Cases cited1 opinion
- Rosenbury v. AngellMichigan Supreme Court · 1859
3Cited by19 opinions
- Barton v. GrayMichigan Supreme Court · 1885
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Merkle v. Township of BenningtonMichigan Supreme Court · 1888
- Bryne v. DoreyMassachusetts Supreme Judicial Court · 1915
- Skud v. TillinghastCourt of Appeals for the Sixth Circuit · 1912
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