Densmore v. Mathews
Michigan Supreme Court
Error to Ingham. (Gridley, J.) Trespass. Defendant brings error. There can be no joint right of action for trespass in the seizure of goods where there is no joint right to them : Warne v. Pose 5 N. J. L. 809; Barry v. Rogers 2 Bibb. 314; Sioeetzer v. Mead 5 Mich. 107; Giovcmni v. First Motional Bank 51 Ala. 177; St. L. R. R. Go. v. Linder 39 111. 433: 1 Suth. on Damages 210, 241; the authorities that sustain joint action in trespass are cases against naked’ trespassers,…
Read the full summary
Error to Ingham. (Gridley, J.) Trespass. Defendant brings error. There can be no joint right of action for trespass in the seizure of goods where there is no joint right to them : Warne v. Pose 5 N. J. L. 809; Barry v. Rogers 2 Bibb. 314; Sioeetzer v. Mead 5 Mich. 107; Giovcmni v. First Motional Bank 51 Ala. 177; St. L. R. R. Go. v. Linder 39 111. 433: 1 Suth. on Damages 210, 241; the authorities that sustain joint action in trespass are cases against naked’ trespassers, having no justification, as in Duncan v. Spear 11 Wend. 54; Sickles v. Gould 51 Ilow. Pr. 24; Paddock v. Wing 16 How. 547;…
1Opinion of the CourtChamplin, J.
In the fall of 1877 one Prank Gates engaged in business at Dansville, Michigan, retailing ready-made clothing and dry goods. He made purchases from time to time of different dealers, and among others, from Grow Brothers of Bay City, consisting of De Witt Grow and Elisha P. Grow, two of the plaintiffs in this suit.
*618Tliaddeus Densmore of Mason, Michigan, is an uncle of Gates, and he had given to Gates a letter of credit to different firms in Detroit, upon the strength of which Gates had purchased goods upon credit.
Some time about September, 1878, Gates entered into negotiations with one Horace…
2Cases cited7 opinions
- Welch v. SackettWisconsin Supreme Court · 1860
- Matthews v. DensmoreSupreme Court of the United States · 1883
- Worthington v. HannaMichigan Supreme Court · 1871
- Mathews v. DensmoreMichigan Supreme Court · 1880
- Dyer v. RosenthalMichigan Supreme Court · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Waggoner v. First National BankNebraska Supreme Court · 1894
- United States v. American Surety Co.U.S. Circuit Court for the Northern District of Illnois · 1907