Legal Opinion · Dissent

Byrne v. Werner

Michigan Supreme Court

Decided December 7, 1904No. Docket No. 20Published

Error to Marquette; Stone, J. Trover by Samuel E. Byrne, Jr., against Jacob P. Werner and another for the alleged conversion of certain building material. There was judgment for- plaintiff, and defendants bring error.

1DissentMoore, C. J.

In 1886, Samuel E. Byrne, father of the plaintiff, was the owner of part of lots 4 and 5 of block 17 in Marquette, and commenced the erection of a building thereon. He had plans and specifications drawn, specifying each piece of structural iron to go into the building, with the size and length of each piece. He ordered a considerable quantity of structural iron, each piece of which was of the dimensions provided in his plans, and fitted for the place where it was to go. After commencing to lay the foundation, he brought some of the structual iron upon the premises and some on an adjoining…

2Cases cited7 opinions

  1. Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1879
  2. Johnston v. Farmers' Fire InsuranceMichigan Supreme Court · 1895
  3. Cronin v. GoreMichigan Supreme Court · 1878
  4. Fredenburg v. Lyon Lake M. E. ChurchMichigan Supreme Court · 1877
  5. Kendrick v. BeardMichigan Supreme Court · 1892

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