Stansell v. Corning
| Decision Date | 12 July 1870 |
| Citation | 21 Mich. 242 |
| Court | Michigan Supreme Court |
| Parties | Garrett Stansell v. Warren H. Corning |
Heard July 9, 1870
Error to Cass circuit.
This was an action of assumpsit brought by Warren H. Corning in the circuit court for the county of Cass, against Garrett Stansell. The plaintiff declared on the common counts in assumpsit, appending to his declaration copies of two drafts drawn by Corning & Co. upon the defendant. The defendant pleaded the general issue, and gave notice that the consideration of the drafts was for spirituous liquors, sold in violation of the laws of Michigan; that the liquors were sold by sample; that they were not equal to the sample, and were not of a merchantable quality.
The cause was tried without a jury by the circuit judge, who was requested to find the facts in writing, and his conclusions of law thereon. The trial was concluded on the 20th day of January, 1870; and on the 14th day of March, during the succeeding March term, the circuit judge directed the entry of a judgment for the plaintiff for the whole sum claimed and on the 12th day of April following, made and filed the finding and decision of the court in writing.
The defendant below brings the cause into this court by writ of error.
Judgment reversed with costs, and a new trial ordered.
Edward Bacon, for plaintiff in error.
H. H Coolidge & Son, for defendant in error.
Considering the somewhat unsatisfactory manner in which this record is constituted, and the questions raised by it, we do not feel called on to examine it further than is found necessary to decide the case. It contains sixty assignments of error, but many of them merely question the correctness of the finding of facts by the court below, and many others have no legal support in the facts found. And upon an inspection of the evidence contained in the bill of exceptions, and the answers of the judge to the points submitted by counsel, we think it not improbable but that another trial will eventuate in a different finding of facts.
It appears that the case was tried before the court without a jury, on the 20th day of January, 1870; that each party seasonably presented points in the nature of requests to charge, under rule 87 of the rules of the circuit court, and also requests for a finding in writing of the facts and conclusions of law, as provided by said rule and § 3437 Comp. Laws. It also appears that the court thereupon held the case for advisement, and at the next regular term held in March following, caused a judgment to be entered in favor of the plaintiff for $ 1,861.82, without any finding of facts, but thereafter, and on the 12th of April, made a finding of the facts and law, which was filed.
The interval between the judgment and the finding of the facts in the case was about a month.
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