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Block v. Crawford

Block v. Crawford, 72 N.W. 602 (Mich. 1897)
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Court
Michigan Supreme Court · State Highest Courts
Decided
October 25, 1897
Judges
Moore, Other
Citations
72 N.W. 602114 Mich. 6081897 Mich. LEXIS 1139
Disposition
Reversed.
Headnotes
Evidence — Settlement of Accounts — Question for Jury. In an action to recover a balance claimed to be due to the plaintiff, the testimony of defendant that a cash payment, and the giving of a note, which was thereafter paid, constituted a settlement of plaintiff’s account in full, entitled defendant to go to the jury.
Summary
Error to Presque Isle; Kelley, J. Assumpsit by Jacob Block and another against John Crawford and another for goods sold and delivered. From a judgment for plaintiffs, defendants bring 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 — Moore

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Moore, J.

Plaintiffs sued defendants to recover a balance claimed to be due, and recovered a judgment, from which defendants appeal.

John Crawford, one of the defendants, testified that defendants did not purchase or receive two barrels of whisky for which plaintiffs sought to recover. He also testified to a settlement of the accounts between the parties, and that “the settlement referred to, of the $50 in cash and the $200 note, due some four or five months after the goods were purchased, was in full settlement of everything owing to the plaintiffs by the defendants, and that said note had been paid, and was in settlement of the account in full.” After the testimony was all in, the trial court instructed the jury that the only question of fact for the jury was whether there was a shortage of two barrels of whisky, and refused to submit *609 to the jury the question whether the accounts between the parties had been settled. We think this was error. It was a disputed question of fact whether the claim sued upon had been settled and paid, and it should have been submitted to the jury. Teipel v. Hilsendegen, 44 Mich. 461 .

Judgment is reversed, and new trial ordered.

The other Justices concurred.

How later courts describe this case

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

1961: 12006: 119612026peak 1961 · 1

Relies on it most ⓘ

  1. Hoerstman General Contracting, Inc v. Hahn711 N.W.2d 340 (Mich. 2006)
  2. Urben v. Public Bank112 N.W.2d 444 (Mich. 1961)

Most recent

  1. Hoerstman General Contracting, Inc v. Hahn711 N.W.2d 340 (Mich. 2006)
  2. Urben v. Public Bank112 N.W.2d 444 (Mich. 1961)

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
Teipel v. Hilsendegen, 7 N.W. 82 (Mich. 1880) 31

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