Rossiter v. Chester
Michigan Supreme Court
This was an action of replevin to recover possession of certain goods, wares and merchandize, tried in Wayne Circuit Court, at the November term, 1841, before the Hon. Geo. Morell, Presiding Judge, who reserved the questions arising upon the facts found by the special verdict, for the opinion of this Court thereon.
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This was an action of replevin to recover possession of certain goods, wares and merchandize, tried in Wayne Circuit Court, at the November term, 1841, before the Hon. Geo. Morell, Presiding Judge, who reserved the questions arising upon the facts found by the special verdict, for the opinion of this Court thereon. The jury found specially, “that the steamer Missouri, Captain Thomas Wilkins, master, was regularly enrolled and licensed for the purpose of carrying on domestic trade between the port of Buffalo, on Lake Erie, in New York, and the port of Chicago, on Lake Michigan, in Illinois,…
1Opinion of the CourtWhipple, J.
The facts found by the special verdict present the following questions of law for our consideration :
*1611. Do they constitute a case under the maritime law for general average? And if they do, then,
2. Is the maritime law in force upon the Lakes over which the goods were to be transported?
3. If the maritime law applies to this case, will a court of common law apply its principles, and take jurisdiction of the matter ?
If the maritime law is not in force upon the Lakes, and is inapplicable to the case, then,
4. Is the doctrine of general average, one which exists and may be enforced at common law?
5.…
2Cases cited2 opinions
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3Cited by29 opinions
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- West v. StateWisconsin Supreme Court · 1853
- Winn v. PattersonSupreme Court of the United States · 1835
- Perry v. LoyejoyMichigan Supreme Court · 1883
- Williams v. Circuit Court of St. Louis countySupreme Court of Missouri · 1838
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