Newsom v. Hart
Michigan Supreme Court
Error to Wayne Circuit. This was an action of replevin, brought by the plaintiff against the defendant, for one horse pony. The plaintiff declared against the defendant for the unlawful detention of the said horse pony; the defendant plead the general issue.
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Error to Wayne Circuit. This was an action of replevin, brought by the plaintiff against the defendant, for one horse pony. The plaintiff declared against the defendant for the unlawful detention of the said horse pony; the defendant plead the general issue. The cause was tried by the court upon the following stipulation: “ It is stipulated and agreed that the pony in question was the property of the plaintiff at the time of the alleged taking up on a public road, in the township of Southfield, Oakland County, Michigan; that such taking up was by a minor son of one Jonathan W. White, a…
1Opinion of the Court
Christiancy J.
The horse having been taken trp by the minor son who was not a freeholder, in the absence of the father, and without his previous knowledge or consent, such taking, it is admitted, would have been illegal if left to stand upon the act of the son. But the subsequent acts of the father, who was a freeholder, in retaining and selling the horse as an estray, it is insisted, operated as a ratification, and rendered the act of the son legal, as the act of his father.
The ratification is unequivocal, and so far as respects the father’s liability for the act, was equivalent to a prior…
2Cited by5 opinions
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- Chase v. PutnamCalifornia Supreme Court · 1897
- Hasceig v. TrippMichigan Supreme Court · 1870
- Blanck v. HirthMichigan Supreme Court · 1885