Galvin v. Galvin Brass & Iron Works
Michigan Supreme Court
Error to Wayne. (Gartner, J.) Trover. Plaintiffs bring error. The facts are stated in the opinion. 1. An attorney’s letter, in reply to one addressed to his client, is admissible; citing Ward v. Beecher, 56 Mich. 616. 2. The identity of words in a written communication is for the jury who may be aided by parol evidence of the facts connected with the giving of the paper; citing Paine v. Ringold, 43 Mich. 341. 3. In construing written instruments the courts must ascertain and…
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Error to Wayne. (Gartner, J.) Trover. Plaintiffs bring error. The facts are stated in the opinion. 1. An attorney’s letter, in reply to one addressed to his client, is admissible; citing Ward v. Beecher, 56 Mich. 616. 2. The identity of words in a written communication is for the jury who may be aided by parol evidence of the facts connected with the giving of the paper; citing Paine v. Ringold, 43 Mich. 341. 3. In construing written instruments the courts must ascertain and enforce their provisions, — not create or abrogate them; citing Thayer v. Augustine, 55 Mich. 187; Kiefer v. German…
1Opinion of the CourtCahill, J.
Plaintiffs brought an action of trover in the Wayne circuit court for the conversion of a quantity of wooden patterns, brass patterns, and coupling boxes, used in their foundry business, which plaintiffs claim were of the value of $13,000. No question is made of the plaintiffs’ ownership of these goods, nor that they were at the time suit was brought in the possession of defendant. The single question is as to whether a proper demand was made by the plaintiffs before bringing suit. The circuit court determined that no legal demand was made,- and upon that ground directed a verdict for the…
2Cited by6 opinions
- Davis v. CohenMichigan Supreme Court · 1931
- Witt v. DershamMichigan Supreme Court · 1906
- Rameau v. ValleyMichigan Supreme Court · 1912
- Knowles v. SmithMichigan Supreme Court · 1916
- Lytle v. PetersMichigan Supreme Court · 1911
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