Truman v. J. I. Case Threshing Machine Co.
Michigan Supreme Court
Error to Hillsdale; Chester, J. Trover by Orrin B. Truman against the J. I. Case Threshing Machine Company for the conversion of a threshing machine. Judgment for plaintiff. Defendant brings error. Plaintiff sues in an action of trover for the value of a threshing machine taken by defendant under the so-called insecurity clause of a chattel mortgage. He also seeks to recover special damages caused by said taking.
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Error to Hillsdale; Chester, J. Trover by Orrin B. Truman against the J. I. Case Threshing Machine Company for the conversion of a threshing machine. Judgment for plaintiff. Defendant brings error. Plaintiff sues in an action of trover for the value of a threshing machine taken by defendant under the so-called insecurity clause of a chattel mortgage. He also seeks to recover special damages caused by said taking. The machine was sold in 1908 for $2,200, the defendant taking four promissory notes for the amount, the first of which fell due in September, 1909, and one each year thereafter. To…
1Opinion of the CourtBrooke, J.
(after stating the facts). While there are some 80 assignments of error, we will examine those only which properly arrange themselves under the following heads:(1) That the court erred in admitting testimony, on behalf of plaintiff, relative to the profits which plaintiff might have made during the threshing season of 1909 had the machine not been taken from him. The objection to this line of testimony was that such prospective profits were uncertain, indefinite, speculative, and conjectural.(2) That the court erred in admitting testimony relative to representations said to have been made by…
2Cases cited11 opinions
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
- Allis v. McLeanMichigan Supreme Court · 1882
- Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
- Aber v. BrattonMichigan Supreme Court · 1886
- Talcott v. CrippenMichigan Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hayes Construction Co. v. SilverthornMichigan Supreme Court · 1955
- Sandusky Grain Co. v. Borden's Condensed Milk Co.Michigan Supreme Court · 1921
- Pellston Planing Mill & Lumber Co. v. Van WormerMichigan Supreme Court · 1917
- John D. Gruber Co. v. SmithMichigan Supreme Court · 1917
- Youngs v. Advance-Rumely Thresher Co.Michigan Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.