Rudell v. Grand Rapids Cold-Storage Co.
Michigan Supreme Court
Error to Kent; Wolcott, J. Assumpsit by Eva C. Rudell against the Grand Rapids Cold-Storage Company for damage to butter in storage. From a judgment for plaintiff, defendant brings error. Plaintiff, a maker of and dealer in butter, deposited a large quantity in the cold-storage plant of the defendant for preservation for future sales. Her butter was of a very high grade, and made and kept for sale during the summer at the pleasure resorts of Northern Michigan.
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Error to Kent; Wolcott, J. Assumpsit by Eva C. Rudell against the Grand Rapids Cold-Storage Company for damage to butter in storage. From a judgment for plaintiff, defendant brings error. Plaintiff, a maker of and dealer in butter, deposited a large quantity in the cold-storage plant of the defendant for preservation for future sales. Her butter was of a very high grade, and made and kept for sale during the summer at the pleasure resorts of Northern Michigan. It was deposited with and taken charge of by the defendant daily from the 14th of May to the 3d of June following. The entire contract…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Defendant’s agent, whiie at plaintiff’s house soliciting her patronage, was shown some of the butter, the manner in which it was put up, and a small cold-storage room in which she kept what butter she could. That butter was made and put up in substantially the same manner as was that deposited by her with defendant. Defendant’s agent testified that she told him that she had no difficulty in keeping butter in that room. Plaintiff was permitted to show that that butter kept well. She was also permitted to show that the butter of one Monteith, deposited in the…
2Cases cited3 opinions
- Minnesota Butter & Cheese Co. v. St. Paul Cold-Storage Warehouse Co.Supreme Court of Minnesota · 1899
- Hunter v. Baltimore Packing & Cold Storage Co.Supreme Court of Minnesota · 1899
- Townsend v. RichSupreme Court of Minnesota · 1894
3Cited by3 opinions
- F-M Potatoes, Inc. v. SudaNorth Dakota Supreme Court · 1977
- Sullivan v. Detroit & Windsor Ferry Co.Michigan Supreme Court · 1931
- Paterson Brewing & Malting Co. v. Mesh & Co.Court of Appeals for the Third Circuit · 1922