TaiLexi AI U.S. Case Law

Moon v. Harder

Charles B. Moon v. Emmett L. Harder

Moon v. Harder, 38 Mich. 566 (1878)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Michigan Supreme Court · State Highest Courts
Decided
April 5, 1878
Judges
Cooley, Other
Citations
38 Mich. 5661878 Mich. LEXIS 119
Headnotes
Plea puis darrein — Suit by assignee — Common counts — Quantum meruit. A plea puis darrein continuance that plaintiff has assigned his claim since the filing of the referee’s report thereon, is held to present an immaterial issue and to be properly disregarded. The purchaser of a claim under a contract can pursue his remedy in the name of his assignor whether he purchased before suit was brought or afterwards. Recovery may be had under the common counts in assumpsit for whatever plaintiff has done under a new agreement modifying the contract set forth in the special count. It cannot be said as matter of law that a court cannot be guided by the contract in determining the quantum meruit.
Summary
Error to Kent. Assumpsit on a logging contract with a plea puis dar-, rein that plaintiffs had assigned their claim after the referee had filed his report. Plaintiffs recovered and defendant brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cooley

Text extracted by OCR from a scanned original; check the original for exact wording.

Cooley, J.

The plea puis darrein continuance offered an immaterial issue, and was properly disregarded. If plaintiffs had sold their demand, — whether before suit brought or afterwards — the purchaser was still entitled to pursue his remedy in the name of the original contracting party.

The court did not err in holding the plaintiff entitled to recover on the common counts in assumpsit, for what had been done by him on the special contract as modified. The case is governed by Allen v. McKibbin, 5 Mich., 449 . Nor can we say the court erred, as matter of law, in being guided by the contract in determining the quantum meruit. The circumstances — upon which we cannot pass — might or might not render it proper to be governed by it. Nor do we think any error in the allowances made to the parties respectively is shown by the record.

The judgment must be affirmed with costs.

The other Justices concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1886–1887: 11918–1919: 11934–1935: 118862026peak 1886 · 1

Relies on it most ⓘ

  1. Sayre v. Detroit, Grand Haven & Milwaukee Railway Co.171 N.W. 502 (Mich. 1919)
  2. Gage v. Meyers26 N.W. 522 (Mich. 1886)
  3. Dietz v. Hughes47 P.2d 417 (N.M. 1935)

Most recent

  1. Dietz v. Hughes47 P.2d 417 (N.M. 1935)
  2. Sayre v. Detroit, Grand Haven & Milwaukee Railway Co.171 N.W. 502 (Mich. 1919)
  3. Gage v. Meyers26 N.W. 522 (Mich. 1886)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Allen v. McKibbin, 5 Mich. 449 (1858) 41

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list