Gibbons v. Robinson
Michigan Supreme Court
Error to superior court of Detroit. (Chipraan, J.) Assumpsit. Plaintiff brings error. The facts ' are stated in the opinion.
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Error to superior court of Detroit. (Chipraan, J.) Assumpsit. Plaintiff brings error. The facts ' are stated in the opinion. As between the consignees and the owner of the boat, a delivery to the owners, E. Eobinson & Co., would have been a protection for the vessel against any claim of the consignees: Hentz v. Steamship Idaho, 93 U. S. 575; Walker v. Detroit, G. H. & M. R. R. Co., 49 Mich. 446; Gibbons v. Farwell, 58 Id. 233. When anything remains to be done for the purpose of ascertaining the price, as by measuring or testing the goods where the price depends on their quality, such…
1Opinion of the CourtChampbin, J.
On the third day of August, 1880, John McKay entered into a written contract with defendants, who were copartners, as follows:
“Memorandum of agreement between John McKay, of Cheboygan, Michigan, party of the first part, and E. Robinson & Co., of Detroit, party of the second part, to wit:
“Party of first part, for. and in consideration of the agreements of the party of the second part hereinafter expressed, does hereby covenant and agree to sell and deliver to party of second part, on rail of vessel, at such points at the head of Lake Huron as the party of first part may¡ hereafter designate,…
2Cases cited5 opinions
- The DelawareSupreme Court of the United States · 1872
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Bostwick v. . Baltimore and Ohio R.R. Co.New York Court of Appeals · 1871
- Merchants' National Bank of Cincinnati v. BangsMassachusetts Supreme Judicial Court · 1869
- Creery v. HollyNew York Supreme Court · 1835
3Cited by9 opinions
- Dannemiller v. KirkpatrickSupreme Court of Pennsylvania · 1902
- Gibbons v. FarwellMichigan Supreme Court · 1886
- Hamilton v. Jos. Schlitz Brewing Co.Supreme Court of Iowa · 1905
- Stewart v. Henningsen Produce Co.Supreme Court of Kansas · 1913
- Hoffman v. GoslineCourt of Appeals for the Sixth Circuit · 1909
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