Friedberg v. Bennett
Michigan Supreme Court
Errorto Wayne; Murfin, J. Assumpsit by Jacob Friedberg and Morris Friedberg, copartners as J. Friedberg & Son, against Alvin S. Clark, whose death was suggested on the record after the action was commenced, and Charles D. Bennett, executor of decedent’s estate, substituted. A judgment for defendant on a verdict directed by the court is reviewed by plaintiffs on writ of error.
1Opinion of the CourtStone, J.
On March 31, 1908, Alvin S. Clark purchased a pair of diamond earrings from the above-named plaintiffs for $635, on a written contract, by the terms of which the title to the earrings was to remain in the plaintiffs until the entire amount mentioned in the contract was paid. Mr. Clark made several payments and then defaulted. After several demands were made upon him for the payment of the balance due, or for the return of the earrings, a suit in replevin was instituted in justice’s court in which the value of the diamonds was stated to be $500. The constable did not secure the diamonds upon…
2Cases cited3 opinions
- Hanselman v. KegelMichigan Supreme Court · 1886
- Reid, Murdoch & Co. v. FerrisMichigan Supreme Court · 1897
- Reid, Murdoch & Co. v. ParksMichigan Supreme Court · 1899