Preger v. Barnett
Michigan Supreme Court
Error to Antrim; Mayne, J. Assumpsit by Abraham Preger and another against Jacob Barnett for goods sold and delivered. Judgment for defendant. Plaintiffs bring error.
1Opinion of the CourtOstrander, J.
To a declaration containing only the common counts in assumpsit, accompanied or followed by a bill of particulars of plaintiffs’ demand, defendant pleaded the general issue with notice that he would insist in his defense that if the goods (men’s and youth’s clothing) ever came into defendant’s possession they were received by defendant as a bailee merely and, while so in his possession, were destroyed by fire. Further notice was given that defendant would insist that, if the goods were ever sold and delivered to defendant, the sale was made with the understanding as to time the goods were to…
2Cases cited3 opinions
- Delashman v. BerryMichigan Supreme Court · 1870
- Godkin v. WeberMichigan Supreme Court · 1908
- People ex rel. O'Blinskie v. Judge of Circuit CourtMichigan Supreme Court · 1876
3Cited by3 opinions
- First National Bank v. ErnstNebraska Supreme Court · 1928
- In re Quinn's EstateMichigan Supreme Court · 1914
- Wisconsin Chair Co. v. Charlevoix Circuit JudgeMichigan Supreme Court · 1915