Erwin v. Clark
Michigan Supreme Court
Error to Wayne Circuit. This was an action of trover brought by Erwin — the plaintiff below — to recover for the conversion of five himclrecl bushels of wheat. Plea, the general issue.
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Error to Wayne Circuit. This was an action of trover brought by Erwin — the plaintiff below — to recover for the conversion of five himclrecl bushels of wheat. Plea, the general issue. The cause was tried by a jury, who returned the following special verdict: “The cause coming on for trial, thereupon comes a jury, to wit: Jacob F. Carman and others, who are duly elected, tried and sworn, sit together, and hear the evidence, arguments of counsel, charge of the Court, retire under the charge of an officer duly sworn to attend them, to consult of their verdict, and coming again into Court, and…
1Opinion of the Court
Campbell J.:
This was an action of trover brought to recover certain wheat stored by plaintiff with defendant, and not delivered, either specifically or in kind, when called for. Evidence was received, and acted upon by the jury, of an usage whereby wheat so stored on similar receipts was mixed with other wheat of like kind and quality, and that a delivery of the same wheat is never expected, but only of similar wheat of the same quality. This usage is found to have been known by the parties. Upon this finding,- judgment was rendered against the plaintiff on the ground that his remedy was in…
2Cases cited1 opinion
- Fiquet v. AllisonMichigan Supreme Court · 1864
3Cited by8 opinions
- Ledyard v. HibbardMichigan Supreme Court · 1882
- Peasley v. Lapeer Circuit JudgeMichigan Supreme Court · 1964
- Ayres v. HubbardMichigan Supreme Court · 1885
- Congregation B'nai Sholom v. MartinMichigan Supreme Court · 1969
- Walther v. Williams Mercantile Co.Court of Appeals for the Sixth Circuit · 1909
3 more not listed; retrieve them via the Exa API.