Aber v. Bratton
Michigan Supreme Court
Error to Alpena. (Emerick, J.) Replevin. Defendant brings error. The facts are stated in the opinion. In replevin, where the property has a useable “ value,” such value during the time of its wrongful detention may be recovered: Hart v. Blake, 31 Mich. 278; Allen v. Fox, 51 N. Y. 562 ; and such value cannot depend on any sudden or transient inflation or depression of the market, resulting from causes independent of the operation of commerce: Smith v. Griffith, 3 Hill, 333 ;…
Read the full summary
Error to Alpena. (Emerick, J.) Replevin. Defendant brings error. The facts are stated in the opinion. In replevin, where the property has a useable “ value,” such value during the time of its wrongful detention may be recovered: Hart v. Blake, 31 Mich. 278; Allen v. Fox, 51 N. Y. 562 ; and such value cannot depend on any sudden or transient inflation or depression of the market, resulting from causes independent of the operation of commerce: Smith v. Griffith, 3 Hill, 333 ; Durst v. Burton, 47 N. Y. 175 ; Wells on Replevin, p. 303; Sutherland on Dam. vol. 2,374. “Profits” cannot be made the…
1Opinion of the CourtSherwood, J.
This case is replevin for a boat. The property was taken on the writ, and delivered to the plaintiff. The suit was commenced on the fifth day of May, 1884. The declaration, in addition to the usual count in replevin, contained a special count for damages alleged to have been sustained by plaintiff by reason of having been deprived of large gains and profits which he could have derived from the use of the boat. The following is the second count:
“ And for that, whereas, the defendant, on May 5,1884, at the township of Alpena, unlawfully took and detained certain other goods and chattels, the…
2Cases cited19 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Allen v. . FoxNew York Court of Appeals · 1873
- Allis v. McLeanMichigan Supreme Court · 1882
- Butler v. CollinsCalifornia Supreme Court · 1859
- Sirrine v. BriggsMichigan Supreme Court · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Glass v. Basin & Bay State Mining Co.Montana Supreme Court · 1904
- Hichhorn, Mack & Co. v. BradleySupreme Court of Iowa · 1902
- Roush v. Mahaska State BankSupreme Court of Iowa · 2000
- Riciotto v. ClementCalifornia Supreme Court · 1892
- Dow v. DempseyWashington Supreme Court · 1899
13 more not listed; retrieve them via the Exa API.