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AMES V. QUIMBY, 106 U. S. 342 (1882)

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U.S. Supreme Court

Ames v. Quimby, 106 U.S. 342 (1882)

Ames v. Quimby

Decided November 13, 1882

106 U.S. 342

Syllabus

1. A rule of court in Michigan provides that where a defendant pleads matter of setoff founded on a written instrument, he cannot "be put to the proof of the execution of the instrument or the handwriting" of the opposite party unless an affidavit is filed "denying the same." Held that the want of such affidavit does not preclude the plaintiff from showing that such an instrument, dated January 2, was executed on Sunday, January 1, or that his duplicate of an instrument executed in duplicate by him and the defendant differs in its contents from the one retained by the defendant.

2. The plaintiff, where the quality of goods which he furnished at a given time to the defendant is in question, may show the good quality of like articles furnished at the same time by him to another party if he further shows that those he furnished to each party were of the same kind and quality.

3. Where the evidence is such that, as to a given matter, there is no question for the jury, a charge and a refusal to charge in regard to such matter are not a ground for reversing the judgment, because they work no injury to the party excepting.

4. The court charged the jury that while the plaintiff could not recover for any more goods than his bill of particulars set forth, he was not bound by a mistake in carrying out the rate or price, but could show what he was actually to have, it not appearing by the record what were the contents of the bill, but it appearing that the plaintiff claimed there was a mistake in it in that respect. Held that the charge was not erroneous.

5. After a new trial has been had, pursuant to the mandate of this Court and a second judgment rendered, no errors other than those committed after the mandate was received below can be considered here.

The case is stated in the opinion of the Court. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 106 U. S. 343





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