Legal Opinion

Gingrass v. Mather

Michigan Supreme Court

Decided November 4, 1901PublishedCited by 3 opinions

Error to Marquette; Stone, J. Assumpsit by Victoria Gingrass against William G. Mather for royalties under a mining lease. From a judgment for defendant on verdict directed by the court,, plaintiff brings error. August 14, 1885, plaintiff, being the owner of certain-lands, executed a lease thereof to Anson B. Miner and William L. Jones for 21 years, for the purpose of mining gold. August 19, 1885, Miner and Jones assigned it to Peter White.

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Error to Marquette; Stone, J. Assumpsit by Victoria Gingrass against William G. Mather for royalties under a mining lease. From a judgment for defendant on verdict directed by the court,, plaintiff brings error. August 14, 1885, plaintiff, being the owner of certain-lands, executed a lease thereof to Anson B. Miner and William L. Jones for 21 years, for the purpose of mining gold. August 19, 1885, Miner and Jones assigned it to Peter White. It provided that if a mine should be discovered after August 14, 1886, the lessees were to work it to full capacity, and pay as royalty one-tenth of the…

1Opinion of the CourtGrant, J.

(after stating the facts). It is matter of common knowledge that mining operations require large capital, and are seldom carried on by individuals, but almost universally by corporations. Options or leases for long terms of years are usually obtained from the fee owners by individuals, corporations formed, and the leases then assigned to the corporations. The business in this case was done in the usual way. While this fact would not release the defendant from the obligations of his lease,' it is, however, a fact important to consider in connection with the other facts in the case, and the…

2Cases cited6 opinions

  1. Coe v. . HobbyNew York Court of Appeals · 1878
  2. Donkersley v. LevyMichigan Supreme Court · 1878
  3. Fifty Associates v. GraceMassachusetts Supreme Judicial Court · 1878
  4. Levering v. LangleySupreme Court of Minnesota · 1863
  5. Logan v. AndersonMichigan Supreme Court · 1845

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Michigan Lafayette Building Co. v. Continental BankMichigan Supreme Court · 1933
  2. Drew v. Billings-Drew Co.Michigan Supreme Court · 1902
  3. Michigan Lafayette Building Co. v. Continental BankMichigan Supreme Court · 1932

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