Bancroft v. Peters
Michigan Supreme Court
Error to Wayne Oircurt. This was an action of replevin, brought by the defendant in error before a Justice of the Peace originally, for certain marble. The marble was the property of the defendant in error, subject to a lien in favor of the plaintiff in error, for an amount due him in his own right, and as agent of the New York and Erie Railroad Company, for freight from New York and for storage at Detroit. The marble was in slabs, sawed from blocks.
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Error to Wayne Oircurt. This was an action of replevin, brought by the defendant in error before a Justice of the Peace originally, for certain marble. The marble was the property of the defendant in error, subject to a lien in favor of the plaintiff in error, for an amount due him in his own right, and as agent of the New York and Erie Railroad Company, for freight from New York and for storage at Detroit. The marble was in slabs, sawed from blocks. The defendant in error tendered the plaintiff in error $21.35 for the freight and charges before the suit was brought, but the latter declined…
1Opinion of the Court
By the Court,
Johnson, J.
It was insisted by the counsel for plaintiff .in error, that the question whether the marble was “ wrought ” or “ unwrought,” should not have been submitted to the jury at all; that it became the duty of the Court to instruct them that this was “ wrought ” marble, because it appeared that work had been bestowed upon it, and they now insist that these terms have a general popular meaning, which cannot be mistaken ; they mean, say the counsel, “worked” or “worked upon,” or the reverse. “ The term wrought marble means, marble upon which labor has been bestowed as…
2Cases cited1 opinion
- Ward v. FellersMichigan Supreme Court · 1854
3Cited by6 opinions
- Ward v. Township of AlpineMichigan Supreme Court · 1919
- Wood v. PiersonMichigan Supreme Court · 1881
- Chicago, R. I. P. Ry. Co. v. Dodson & WilliamsSupreme Court of Oklahoma · 1910
- Whittemore v. WeissMichigan Supreme Court · 1876
- American Merchants' Union Express Co. v. PhillipsMichigan Supreme Court · 1874
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