Jones v. Bloomgarden
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by Elmer J. Jones against Abrabam Bloom-garden and William M. Ellenstein,- copartners as Bloom-garden & Ellenstein, for goods sold and delivered. There was judgment for plaintiff for less than the amount claimed, and be brings error. The material facts in this case are as follows: Plaintiff is a commission merchant in Baltimore, Md., dealing in different kinds of produce. Defendants are commission merchants in the city of Detroit.
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Error to Wayne; Donovan, J. Assumpsit by Elmer J. Jones against Abrabam Bloom-garden and William M. Ellenstein,- copartners as Bloom-garden & Ellenstein, for goods sold and delivered. There was judgment for plaintiff for less than the amount claimed, and be brings error. The material facts in this case are as follows: Plaintiff is a commission merchant in Baltimore, Md., dealing in different kinds of produce. Defendants are commission merchants in the city of Detroit. A firm under the name of Floyd E. Bowen & Co. are produce brokers in Detroit. On June 11th, plaintiff telegraphed Bowen & Co.:…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The errors in the charge are too patent and glaring to require much comment. It gave the jury to understand that the defendants had the same right to dispose of this perishable property under their contract for its purchase that officers would have when levying upon perishable property under writs of attachment and execution. It furthermore gave •the jury to understand that, if the defendants refused to accept the beans, it was their duty to reship the car to Baltimore. The illustration about the cattle placed the parties to this suit in the position of principal…
2Cases cited3 opinions
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- George D. Sisson Lumber & Shingle Co. v. HaakMichigan Supreme Court · 1905
- Kupfer v. Michigan Clothing Co.Michigan Supreme Court · 1905
3Cited by9 opinions
- Mesh v. CitrinMichigan Supreme Court · 1941
- Gloeser v. MooreMichigan Supreme Court · 1938
- Leonard Refineries, Inc. v. GregoryMichigan Supreme Court · 1940
- Jarrett v. J. Staum & Sons Co.Court of Appeals of Maryland · 1921
- Grainger Bros. v. G. Amsinck & Co.Court of Appeals for the Eighth Circuit · 1926
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