Legal Opinion

Ross v. Miner

Michigan Supreme Court

Decided January 13, 1887PublishedCited by 8 opinions

Error to Wayne. (Howell, J., presiding.) Assumpsit. Plaintiffs bring error. The facts are stated in the opinion.

1Opinion of the Court

Campbell, O. J.

Plaintiffs replevied from defendants certain teas sold October 16, and November 24, 1884, to the firm of Kirby, Miner & Agnew, the replevy being based on the alleged fraudulent character of the purchase, which plaintiffs claimed a right to rescind, inasmuch as no bona fide purchaser had in the meantime obtained rights.

The court below, holding that the fraud must have existed at the time of the sale, shut out testimony of some subsequent dealings and admissions as not tending to prove such fraud.

The court also, after request to make special findings of fact and law, made only…

2Cases cited1 opinion

  1. Ross v. MinerMichigan Supreme Court · 1887

3Cited by8 opinions

  1. Scott-Douglas Corp. v. Greyhound Corp.Superior Court of Delaware · 1973
  2. National City Bank v. KirkIndiana Court of Appeals · 1922
  3. Ross v. MinerMichigan Supreme Court · 1887
  4. Krolik v. LangMichigan Supreme Court · 1915
  5. Taylor v. WardMichigan Supreme Court · 1933

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