Ward v. Warner
Michigan Supreme Court
Error to Wayne Circuit. Ward brought assumpsit iu the court below, against William Warner and Albert L. Catlin, and declared for the use by defendants of a certain canal across lands of the plaintiff, in St. Clair county, in floating the logs and lumber of the defendants in and through the same. On the trial, the following stipulation was read in evidence. “In the Circuit Court for the county of Wayne: Eber Ward v. Albert L. Catlin and William Warner.
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Error to Wayne Circuit. Ward brought assumpsit iu the court below, against William Warner and Albert L. Catlin, and declared for the use by defendants of a certain canal across lands of the plaintiff, in St. Clair county, in floating the logs and lumber of the defendants in and through the same. On the trial, the following stipulation was read in evidence. “In the Circuit Court for the county of Wayne: Eber Ward v. Albert L. Catlin and William Warner. It is hereby stipulated that on the trial of this pause it shall, be admitted as follows: That in 1853, the plaintiff, Willard Parker, and some…
1Opinion of the Court
Martin Ch. J.:
The first question presented, and which disposes of this case, is whether, upon the facts, assumpsit will lie, or whether the plaintiff’s remedy, if he have any, be not trespass.
Whenever a benefit accrues to a party, whether for services rendered, money expended, or property used, or from any other cause, upon which a duty to make compensation to another arises, the law will, in the absence of an express promise to make such compensation, imply one from the transaction and the duty. Thus if A performs labor or renders services for B, at the latter’s request, or with his…
2Cases cited2 opinions
- Hosmer v. WilsonMichigan Supreme Court · 1859
- Wadsworth v. SmithSupreme Judicial Court of Maine · 1834
3Cited by11 opinions
- Baltimore & Ohio Railroad v. BoydCourt of Appeals of Maryland · 1887
- De Camp v. . BullardNew York Court of Appeals · 1899
- Lockwood v. Thunder Bay River Boom Co.Michigan Supreme Court · 1880
- City of New York v. FinkNew York Supreme Court · 1927
- Marquette, Houghton & Ontonagon Railroad v. HarlowMichigan Supreme Court · 1877
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