Legal Opinion

Ripley v. Davis

Michigan Supreme Court

Decided November 10, 1866PublishedCited by 22 opinions

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.

Read the full summary

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

  1. Fiquet v. AllisonMichigan Supreme Court · 1864
  2. Lillard v. WhitakerCourt of Appeals of Kentucky · 1813
  3. Webb v. Mann & EamanMichigan Supreme Court · 1854
  4. Sproule v. FordCourt of Appeals of Kentucky · 1823

3Cited by22 opinions

  1. Burk v. WebbMichigan Supreme Court · 1875
  2. Polhemus v. Ann Arbor Savings BankMichigan Supreme Court · 1873
  3. Pratt v. DavisMichigan Supreme Court · 1895
  4. Grant v. National Manufacturer & Plating Co.Michigan Supreme Court · 1932
  5. Weeks v. HackettSupreme Judicial Court of Maine · 1908

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API