Van Werden v. Winslow
Michigan Supreme Court
Error to Kalamazoo; Buck, J. Trespass de bonis by Peter Van Werden against Amos J. Winslow. From a judgment for plaintiff, defendant brings error. The declaration alleges that defendant “entered plaintiff’s close of celery land, and pulled up, carried away, and converted and disposed of said celery to his own use, and pulled down and removed the soil from the crop of celery growing thereon.”
Read the full summary
Error to Kalamazoo; Buck, J. Trespass de bonis by Peter Van Werden against Amos J. Winslow. From a judgment for plaintiff, defendant brings error. The declaration alleges that defendant “entered plaintiff’s close of celery land, and pulled up, carried away, and converted and disposed of said celery to his own use, and pulled down and removed the soil from the crop of celery growing thereon.” Defendant was the owner of the land, consisting of two parcels, one containing 1 acre, and the other 2£ acres, and had leased it to plaintiff for one year, for $115. The rent was past due, and plaintiff…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Error is assigned upon the refusal of the court to direct a verdict for the defendant. The record does not contain all the testimony, and therefore this assignment cannot be considered.
2. The court erred in refusing to instruct the jury, as requested, that plaintiff could not in any event recover to exceed the value of the celery less the amount due for rent. Counsel for plaintiff concede this to be the rule in actions for trover under the like.circumstances. The declaration charges conversion as well as trespass. Defendant had a right to enter and take…
2Cases cited2 opinions
- Brink v. FreoffMichigan Supreme Court · 1879
- Rall v. CookMichigan Supreme Court · 1889
3Cited by2 opinions
- Storrs v. Michigan Starch Co.Michigan Supreme Court · 1901
- Burton v. Variety Iron WorksMichigan Supreme Court · 1901