Pitkin v. Harris
Citation | 37 N.W. 61,69 Mich. 133 |
Court | Supreme Court of Michigan |
Decision Date | 02 March 1888 |
Parties | PITKIN ET AL. v. HARRIS. |
Error to circuit court, Menominee county; C. B. GRANT, Judge.
Action by Edward H. Pitkin and J. W. Brooks against Michael Harris upon a promissory note. Judgment for plaintiffs, and defendant brings error.
This suit was brought to recover on a note for $114.51 and interest, made by defendant to plaintiffs, and not disputed. But defendant claims it was paid in this wise, according to his statement, (which, however, was substantially denied in many respects:) That defendant had been getting out wood, and upon being asked by Mr. Pinch, plaintiffs' attorney, to secure it, offered to give him a mortgage on the wood,-enough to cover the amount. The delivery which defendant speaks of several times was merely delivering it on the bank, as he says, in Mr Pinch's name, as Pinch had directed. It is not easy to find in defendant's testimony any evidence that Pinch himself dealt with this wood, but in some way the Union Fuel Company got hold of it, and never paid for it. The court below held that Pinch had no implied authority, and the testimony shows he had no express authority, to take wood in payment of this debt, supposing him to have done so; and inasmuch as no money ever came into his hands, the note remained unpaid. No authority is cited to the contrary, and we think the ruling correct. If it were necessary to consider it, we should have at least grave doubts whether there was any proof of a sale under the statute of frauds. Defendant's counsel rely rather on the acceptance of a mortgage, and disposal under that, but the testimony is no more satisfactory on that basis. The judgment must be...
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Pitkin v. Harris
...69 Mich. 13337 N.W. 61PITKIN ET AL.v.HARRIS.Supreme Court of Michigan.March 2, Error to circuit court, Menominee county; C. B. GRANT, Judge. Action by Edward H. Pitkin and J. W. Brooks against Michael Harris, upon a promissory note. Judgment for plaintiffs, and defendant brings error. [37 N......