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50 Mich. 53

Warner v. Mason

Michigan Supreme Court

Decided January 18, 1883

Michigan Supreme Court · decided 1883-01-18

<p>Error to Alpena. (Green, J.)</p> <p>Assumpsit. Defendants bring error.</p>

Relies on Catlin v. Birchard

Affirmed · Decided 1883-01-18

Marston, J.

¶1The present case came before this Court and was disposed of at the April term, 1880. 13 Mich. 110.

¶2We have very carefully examined the record, and compared the charge given with the previous decision of this Court, and are of opinion that there is no want of harmony.

¶3It is very evident that the learned circuit judge closely adhered to the views of this Court, and that the charge was, as to the effect of the retention of the Huff & Yandermeulen note by the plaintiffs, as favorable to the defendants as the facts would warrant. If there was any error committed, it was by the jury and not by the court, and for such error this Court can afford no relief. ‘

¶4The judgment will be affirmed with costs.

The other Justices concurred
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