Public-domain · open source
OpenJurist

164 Mich. 21

Volli v. Wirth

Michigan Supreme Court

Decided December 22, 1910

Michigan Supreme Court · decided 1910-12-22

Assumpsit in justice’s court by Frederick Yolli against Frederick Wirth, for money loaned. Defendant appealed to the circuit court. A judgment for defendant on a verdict directed by the court is reviewed by plaintiff on writ of error. This action was begun in justice’s court, where the plaintiff declared, orally, upon the common counts in assumpsit and filed a bill of particulars, the last item of which was money delivered to defendant December 11, 1898.

Cited by 2 later decisions — most recently April 1945

1 federal appellate · 1 district ·

Relies on Palmer v. Palmer · Freeman v. Ingerson

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1910-12-22

View the full empirical analysis of this case →

Ostrander, J.

¶1(after stating the facts). The writing prepared at the instance of the plaintiff indicates that interest was due, and that interest was expected is conceded in the brief for plaintiff. It seems, then, that each transaction amounted to a lending of money, upon interest, payable within a reasonable time after demand. It is not perceived in what respect the case would be different if each time plaintiff gave defendant money he had received a demand note or a receipt for money to be accounted for on demand. And if it be assumed that an actual demand was contemplated by the parties and was necessary before an action to recover the money could be maintained, no demand was made until nearly seven years had expired after the last money was given to defendant. The court therefore was not in error in holding that the plaintiff could not recover. Palmer v. Palmer, 36 Mich. 487 (24 Am. Rep. 605); Freeman v. Ingerson, 143 Mich. 7 (106 N. W. 278).

¶2The judgment is affirmed.

Bird, C. J., and Hooker, Moore, and Stone, JJ., concurred.
/164/mich/21 · .json · Public domain