Cleveland Co-operative Stove Co. v. Mallery
Michigan Supreme Court
Error to Wayne; Carpenter, J. Assumpsit by the Cleveland Co-operative Stove Company against Ambrose S. Mallery for goods sold and delivered. From a judgment for plaintiff, defendant brings error.' The defendant, a merchant in the city of Detroit, had for some years prior to September, 1892, purchased stoves of the plaintiff, and received credit therefor, in the usual course of trade.
Read the full summary
Error to Wayne; Carpenter, J. Assumpsit by the Cleveland Co-operative Stove Company against Ambrose S. Mallery for goods sold and delivered. From a judgment for plaintiff, defendant brings error.' The defendant, a merchant in the city of Detroit, had for some years prior to September, 1892, purchased stoves of the plaintiff, and received credit therefor, in the usual course of trade. During that month, the precise date not being fixed, the defendant sold out his stock and business to one Lamb, who had been for some time a clerk in his employ. Lamb was without means, and, to secure defendant…
1Opinion of the CourtGrant, J.
(after stating the facts). We are of the opinion that the case was properly submitted to the jury. The goods were shipped and invoices sent by mail to defendant, as was done in Heyn v. O’Hagen, 60 Mich. 150. There is evidence from which the jury might find that defendant received the invoices and made no objection. This, unexplained, would be evidénce of original authority, and, in connection with the testimony of Lamb, was important. Defendant does not testify what time elapsed between the date he saw the goods marked to him and the letter of December 30th denying the authority. We also…
2Cases cited1 opinion
- Heyn v. O'HagenMichigan Supreme Court · 1886
3Cited by5 opinions
- Long-Bell Lumber Co. v. NymanMichigan Supreme Court · 1906
- In re Stockdale's EstateMichigan Supreme Court · 1909
- Spears v. BlackMichigan Supreme Court · 1916
- Blue v. Gleaner Clearing HouseMichigan Supreme Court · 1922
- Livesay v. East Side Creamery Co.Michigan Supreme Court · 1918