Legal Opinion

Baker v. Casey

Michigan Supreme Court

Decided October 15, 1869PublishedCited by 3 opinions

Error to Saginaw Circuit. This was an action of assumpsit brought by Baber against Casey, before a Justice of the Peace for Saginaw County for the value of several pieces of engine and machinery, which were taken from plaintiff's possession in Saginaw County, the title to which he claimed through a chattel mortgage; and were carried away by the defendant, claiming title by virtue of a judgment and execution sale, under the Water Craft act of 1864, by which the wreck of the…

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Error to Saginaw Circuit. This was an action of assumpsit brought by Baber against Casey, before a Justice of the Peace for Saginaw County for the value of several pieces of engine and machinery, which were taken from plaintiff's possession in Saginaw County, the title to which he claimed through a chattel mortgage; and were carried away by the defendant, claiming title by virtue of a judgment and execution sale, under the Water Craft act of 1864, by which the wreck of the tug EL Johnson had been sold in Bay County, under proceedings in that county. The property, for the value of which this…

1Opinion of the Court

Grates J.

Baker prosecuted Oasey in assumpsit before a Justice of the Peace to recover the value of certain articles which had formerly belonged to the steam tug “ H. Johnsonand the Justice rendered judgment for the plaintiff for $300 damages, besides costs.

Oasey appealed to the Circuit Court where judgment passed against the plaintiff, who then brought error to this Court.

In January 1867, the property in question was transferred by chattel mortgage from the owner to the plaintiff, and in the summer of 1867 the tug was wrecked by an explosion of her boiler on the Saginaw River, while the…

2Cited by3 opinions

  1. Horsey v. KnowlesCourt of Appeals of Maryland · 1891
  2. Whitehead v. Van Buren Circuit JudgeMichigan Supreme Court · 1922
  3. State Ex Rel. Swanson v. District CourtMontana Supreme Court · 1938

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