De Witt v. Prescott
Michigan Supreme Court
Error to Bay. (Green, J.) Assumpsit. Plaintiff brings error. Copies are not admissible in evidence unless proper notice to produce the originals is seasonably given: 1 Green’s Pr. 250; Graham’s Pr. 528; Furguson v. Hemingway 38 Mich. 159; Gorham v. Gale 7 Cow. 739: 17 Am.
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Error to Bay. (Green, J.) Assumpsit. Plaintiff brings error. Copies are not admissible in evidence unless proper notice to produce the originals is seasonably given: 1 Green’s Pr. 250; Graham’s Pr. 528; Furguson v. Hemingway 38 Mich. 159; Gorham v. Gale 7 Cow. 739: 17 Am. Dec. 549; a notice cannot be said tp be in writing unless properly signed - "Wade on Notice’§ 1229 ; notice to produce must be served a reasonable time before the trial, unless the party giving the notice shows that the papers called for are in court: 1 Graham’s Pr. 529 ; 1 Burrell’s Pr. 449; 1 Greenl. on Ev. 562; Story v.…
1Opinion of the CourtCampbell, J.
De "Witt sued defendants on a claim arising out of a breach of implied warranty of title to certain lumber sold by defendants to D. C. Welch & Co., his assignors. Welch & Co. were lumber dealers, living in Buffalo, New York, and the firm was made up of D. C. Welch and J. H. Behn. The sale was made in July, 1879, at Bay City, and the lumber was then lying at‘Hale’s dock, in Tawas, Iosco county, having been sawed by S. & C. D. Hale and their assignee, Edward W. Eames, who then held it in possession, and out of whose claim for a lien for sawing the present controversy arose.
Welch & Co. sent up a…
2Cases cited2 opinions
- Wheeler v. M'FarlandNew York Supreme Court · 1833
- Nash v. MosherNew York Supreme Court · 1838
3Cited by6 opinions
- Wright v. KaynorMichigan Supreme Court · 1907
- Gardner v. Le FevreMichigan Supreme Court · 1914
- Joy Oil Co. v. Fruehauf Trailer Co.Michigan Supreme Court · 1947
- Kert v. EndelmanMichigan Supreme Court · 1918
- Perry v. ArchardCourt Of Appeals Of Indian Territory · 1897
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