Legal Opinion

Davis v. Ransom

Michigan Supreme Court

Decided January 15, 1856PublishedCited by 2 opinions

Error to the Jackson Circuit Court. This was an action of trover brought by Eansom against Davis, to recover the value of a gold watch and chain, which he alleges were wrongfully converted by the latter. The trial was had before the Tlon. D. Johnson, Circuit Judge, without a jury.

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Error to the Jackson Circuit Court. This was an action of trover brought by Eansom against Davis, to recover the value of a gold watch and chain, which he alleges were wrongfully converted by the latter. The trial was had before the Tlon. D. Johnson, Circuit Judge, without a jury. The following facts were found and certified, as appears from the bill of exceptions : “ That the defendant was, on the 18th day of April, 1851, and ever since has continued to be, a contractor of convict labor in the State prison at Jackson. That, as such contractor, he occupied a certain building or shop within…

1Opinion of the Court

By the Court,

Bacon, J:

The plaintiff in error contends that, as there was no delivery of the watch, and could be none, inasmuch as it was lost, he is not bound by the bargain, notwithstanding he received the twenty-five dollars in full payment for the property.

He further contends, that all which he sold was the “ mere cJicmee to find the property fi and that the contract is against public policy, and is therefore void.

Let us look at one of the facts found and certified by the Judge: “Dox and Hansom did then and there pay to the defendant the sum of twenty-five dollars, which the defendant then…

2Cases cited1 opinion

  1. Denny v. LincolnMassachusetts Supreme Judicial Court · 1809

3Cited by2 opinions

  1. People ex rel. Holmes v. SheehanMichigan Supreme Court · 1898
  2. Knapp v. WhiteWisconsin Supreme Court · 1876

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