Ayres v. Hubbard
Michigan Supreme Court
Error to Huron. , (Wixson, J.) Trover. Defendant brings error. Where there is no wrongful purpose or wrongful negligence in the defendant compensation for the real injury done is the purpose of all remedies, and a plaintiff, by choice of actions, ought not to be enabled to increase his recovery beyond just compensation : Forsyth v. Wells 41 Penn. St. 291; Single v. Schneider 30 Wis. 570 ; Hungerfordv.
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Error to Huron. , (Wixson, J.) Trover. Defendant brings error. Where there is no wrongful purpose or wrongful negligence in the defendant compensation for the real injury done is the purpose of all remedies, and a plaintiff, by choice of actions, ought not to be enabled to increase his recovery beyond just compensation : Forsyth v. Wells 41 Penn. St. 291; Single v. Schneider 30 Wis. 570 ; Hungerfordv. Bed-ford 29 Wis. 345 ; Winchester v. Grañg 33 Mich. 205 ; there is no arbitrary rale of damages, and each case depends upon the equities and injury developed: Erwin v. Clark 13 Mich. 10; Ripley…
1Opinion of the CourtSherwood, J.
The firm of R. B. Hubbard & Oo., of which the defendant was a member, in the month of Decem*323ber, 1874, let a contract to John Montgomery to cut logs and timber during tbe winter, on tbeir lands in Huron county, and baúl and put tbe same afloat in Willow creek, for the agreed price of $3.50 per thousand feet. Montgomery proceeded under his contract, and cut, hauled and placed in the creek a large quantity of logs, and the company was informed and supposed that all were taken from the land of defendant, and never knew to the contrary, so far as we can discover, until about the month of February,…
2Cases cited16 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Baker v. . DrakeNew York Court of Appeals · 1873
- Page v. FowlerCalifornia Supreme Court · 1870
- Detroit Daily Post Co. v. McArthurMichigan Supreme Court · 1868
- Warren v. ColeMichigan Supreme Court · 1867
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3Cited by6 opinions
- Ludwigsen v. LarsenMichigan Supreme Court · 1924
- Gates v. Rifle Boom Co.Michigan Supreme Court · 1888
- Anderson v. BesserMichigan Supreme Court · 1902
- Chappell v. Puget Sound Reduction Co.Washington Supreme Court · 1901
- Ayres v. HubbardMichigan Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.