Legal Opinion

Myers v. Carr

Michigan Supreme Court

Decided November 10, 1863PublishedCited by 10 opinions

Case made after judgment, from Washtenaw Circuit. The declaration was upon a promissory note, with the common counts. Plea, the general issue, with notice “that the defendant will prove, on the trial of this cause, as a defense to said suit, that the promissory note, a copy of which is appended to said declaration, was given for the purchase price of certain intoxicating liquors, contrary to the statute in such case made and provided, and that the said plaintiffs are not…

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Case made after judgment, from Washtenaw Circuit. The declaration was upon a promissory note, with the common counts. Plea, the general issue, with notice “that the defendant will prove, on the trial of this cause, as a defense to said suit, that the promissory note, a copy of which is appended to said declaration, was given for the purchase price of certain intoxicating liquors, contrary to the statute in such case made and provided, and that the said plaintiffs are not bona fide holders of said promissory note.” On the trial, plaintiffs put the note in evidence. It was dated at Ypsilanti,…

1Opinion of the Court

Manning J.:

The Circuit Court erred, we think, in finding from the evidence that the liquors were sold to defendant in the city of New York. The letter from plaintiffs to Joslin & Blodgett, of March 15, 1861, relied on to prove a sale, proves a contract for a sale and nothing more.

To constitute a sale of personal property there must be an actual or symbolical delivery of the property to the purchaser, or what is agreed upon by the parties, or understood in the course of trade, to be a delivery. The right of property must pass out of the vendor into the vendee, which is not the case where…

2Cases cited5 opinions

  1. Sheldon v. ClarkNew York Supreme Court · 1806
  2. Rosenbury v. AngellMichigan Supreme Court · 1859
  3. Hart v. CleisNew York Supreme Court · 1811
  4. Teel v. YellisNew York Supreme Court · 1809
  5. Bennet v. HurdNew York Supreme Court · 1808

3Cited by10 opinions

  1. Snyder v. WilleyMichigan Supreme Court · 1876
  2. People v. CurtisMichigan Supreme Court · 1893
  3. Osburn v. LovellMichigan Supreme Court · 1877
  4. Lynch v. PeopleMichigan Supreme Court · 1868
  5. Clark v. Village of North MuskegonMichigan Supreme Court · 1891

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