City of Detroit v. Grummond
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Michigan. This is a suit brought by the defendant in error against the city of Detroit upon a contract alleged to have been made between the parties November 30, 1892, for the hiring by the city of the steamboat Milton D. Ward of the plaintiff in the suit for the term of two years from the 14th day of September, 1892, for the purpose of being used by the city as a hospital in which persons…
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In Error to the Circuit Court of the United States for the Eastern District of Michigan. This is a suit brought by the defendant in error against the city of Detroit upon a contract alleged to have been made between the parties November 30, 1892, for the hiring by the city of the steamboat Milton D. Ward of the plaintiff in the suit for the term of two years from the 14th day of September, 1892, for the purpose of being used by the city as a hospital in which persons suspected of bringing germs of cholera from abroad could be isolated and cared for. It appears from the record that on August…
1Opinion of the CourtSeverens, Circuit Judge
A question in its nature preliminary should first receive attention. It is contended for the defendant in error that by the failure of the city to file an affidavit denying the execution of the contract set out in the declaration it admits the execution and the authority of those signing it in behalf of the city, and reference is made to rule 28 of the court in which the trial was had, and which is also a rule of the circuit courts of the state, by which it is provided that, “upon the plea of the general issue in an action upon any written instrument, under seal or without seal, the plaintiff…
2Cases cited8 opinions
- Insurance Co. v. DunhamSupreme Court of the United States · 1871
- Norton v. The Richard WinslowCourt of Appeals for the Seventh Circuit · 1896
- The PulaskiDistrict Court, E.D. Michigan · 1888
- Peoria Marine & Fire Insurance v. PerkinsMichigan Supreme Court · 1868
- Stoll v. LovingCourt of Appeals for the Sixth Circuit · 1903
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3Cited by4 opinions
- Gilbert v. General Motors CorporationCourt of Appeals for the Second Circuit · 1943
- Iroquois Transp. Co. v. A. Harvey's Sons Mfg. Co.Court of Appeals for the Sixth Circuit · 1905
- City of Detroit v. GrummondCourt of Appeals for the Sixth Circuit · 1914
- Dickinson v. Brotherhood of Locomotive Firemen & EnginemenSupreme Court of Colorado · 1927