Legal Opinion

Wight v. Maxwell

Michigan Supreme Court

Decided January 15, 1855PublishedCited by 3 opinions

Case reserved from tbe Wayne Circuit, Tbe steamer Globe was built near Detroit, in this State ; and in tbe course of ber construction, contracted a large debt to tbe plaintiffs for materials. Dor this debt, tbe laws of Michigan gave tbe creditors a lien. The Globe was subsequently taken to Ohio, where she contracted further debts for her machinery, and fitting for service.

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Case reserved from tbe Wayne Circuit, Tbe steamer Globe was built near Detroit, in this State ; and in tbe course of ber construction, contracted a large debt to tbe plaintiffs for materials. Dor this debt, tbe laws of Michigan gave tbe creditors a lien. The Globe was subsequently taken to Ohio, where she contracted further debts for her machinery, and fitting for service. Dor these Ohio debts, she was seized at Cleveland, under the boat and vessel law of that State, and sold on execution to E. T. Sterling. Tbe Ohio law, in force at the time the vessel was seized, provided for no notice of…

1Opinion of the Court

By the Court,

Whipple, J.

It was conceded by the counsel, in the extended and luminous arguments with which the Court was favored, that the leading question reserved for our advice was of the highest importance. In this opinion the Court fully concur. The constantly increasing commerce of the Lakes admonishes us that oúí decisions, in respect to interests so vital, should be formed with great deliberation. In this spirit the case before us has been considered, and if the judgment we are about to pronounce shall, in its consequences, tend rather to cripple than foster commercial enterprise, so…

2Cited by3 opinions

  1. Parsons v. RussellMichigan Supreme Court · 1863
  2. Roose v. McDonaldIndiana Supreme Court · 1864
  3. The N. W. ThomasU.S. Circuit Court for the District of Southern Ohio · 1857

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