Ripley v. Davis
Michigan Supreme Court
Case made after judgment from St. Clair Circuit. This was an action of trover brought to recover the value of two-fifths of a certain quantity of logs cut by defendants on plaintiff’s premises, and Vhich said logs were to be boomed at a certain point and divided. Defendants took the logs to a point far beyond the place agreed upon, and also set up a claim on them, under an alleged agreement.
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Case made after judgment from St. Clair Circuit. This was an action of trover brought to recover the value of two-fifths of a certain quantity of logs cut by defendants on plaintiff’s premises, and Vhich said logs were to be boomed at a certain point and divided. Defendants took the logs to a point far beyond the place agreed upon, and also set up a claim on them, under an alleged agreement. During the trial, the defendants’ counsel objected to a portion of plaintiff’s evidence, as it tended to show that the alleged conversion, or at least a paft of it, occurred more than six years before the…
1Opinion of the Court
Cooley J.
We are not satisfied from the evidence in this case that there was an agreement between the parties under which the logs in controversy were to be charged to the plaintiff in account. The weight of evidence is the other way. We will, therefore, proceed to dispose of the legal questions raised.
1. The application of the defendants for leave to interpose the defense of the statute of limitations, after having *79pleaded the general issue, was one addressed to the discretion of the court below, and its denial can not be reviewed by this coiirt. While liberality should be exercised by the…
2Cases cited4 opinions
- Fiquet v. AllisonMichigan Supreme Court · 1864
- Lillard v. WhitakerCourt of Appeals of Kentucky · 1813
- Webb v. Mann & EamanMichigan Supreme Court · 1854
- Sproule v. FordCourt of Appeals of Kentucky · 1823
3Cited by22 opinions
- Burk v. WebbMichigan Supreme Court · 1875
- Polhemus v. Ann Arbor Savings BankMichigan Supreme Court · 1873
- Pratt v. DavisMichigan Supreme Court · 1895
- Grant v. National Manufacturer & Plating Co.Michigan Supreme Court · 1932
- Weeks v. HackettSupreme Judicial Court of Maine · 1908
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