Dean v. Chapin
Michigan Supreme Court
Error to Washtenaw Circuit. This was an action of assumpsit brought by appeal from a justice’s judgment into the Circuit Court for the County of Washtenaw, in a suit between Henry S. Dean and Sedgwick Dean, plaintiffs, and Charles A. Chapin, Charles H. Richmond, and Ebenezer Wells, defendants. The action was for the purchase price of thirty-six oil barrels. The defendants pleaded the general issue, and gave notice of set-off.
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Error to Washtenaw Circuit. This was an action of assumpsit brought by appeal from a justice’s judgment into the Circuit Court for the County of Washtenaw, in a suit between Henry S. Dean and Sedgwick Dean, plaintiffs, and Charles A. Chapin, Charles H. Richmond, and Ebenezer Wells, defendants. The action was for the purchase price of thirty-six oil barrels. The defendants pleaded the general issue, and gave notice of set-off. The cause was tried by a jury, who, under the charge of the court, found a verdict for the defendants. The plaintiffs removed the cause to this court by writ of error.
1Opinion of the Court
Campbell, Ch. J.,
Plaintiffs in error sued defendants to recover the price of certain oil barrels which had contained kerosene oil, and when empty had been bargained for by defendants.
The defense relied upon was, that before delivery the *276plaintiffs had failed to cancel the inspection brand, whereby the sale was made illegal and the property forfeited to the United States. And evidence was given of an actual seizure and forfeiture.
If is urged as ground of error that this defense is not admissible under the general issue. But under the laws such forfeitures relate back to the time of the offense…
2Cited by6 opinions
- Garden City Sand Co. v. MillerIllinois Supreme Court · 1895
- Dulin v. McCawWest Virginia Supreme Court · 1894
- Snyder v. WilleyMichigan Supreme Court · 1876
- Cleveland v. RothschildMichigan Supreme Court · 1903
- Hill v. CallaghanMichigan Supreme Court · 1875
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