Plankinton Packing Co. v. Berry
Michigan Supreme Court
Error to Emmet; Shepherd, J. Assumpsit in justice’s court by the Plankinton Packing Company against Alice Berry for goods sold and delivered. There was judgment for defendant, and plaintiff appealed to the circuit court. Judgment for defendant. Plaintiff brings error. It is sought to recover the price of two shipments of meat, consigned by plaintiff to defendant upon the order of one Roy Berry.
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Error to Emmet; Shepherd, J. Assumpsit in justice’s court by the Plankinton Packing Company against Alice Berry for goods sold and delivered. There was judgment for defendant, and plaintiff appealed to the circuit court. Judgment for defendant. Plaintiff brings error. It is sought to recover the price of two shipments of meat, consigned by plaintiff to defendant upon the order of one Roy Berry. The goods were invoiced at .$193.13. Plaintiff is a corporation, conducting a wholesale meat business at Milwaukee, Wis. In May, 1914, defendant’s son, Roy Berry, bought out a retail meat business in…
1Opinion of the CourtKuhn, C. J.
(after stating the facts). The appellant raises questions concerning the ruling of the court as to the admissibility of certain evidence. A part of the testimony in support of plaintiff’s case was taken by deposition, and it was sought to introduce in evidence two carbon copies of letters purporting to have been written by the plaintiff to the defendant asking for payment. The court properly refused to receive these two exhibits for the reason that they were not the best evidence) no showing having been made of any demand upon the defendant to produce the originals.
Question is also raised…
2Cases cited3 opinions
- Heyn v. O'HagenMichigan Supreme Court · 1886
- Clark v. DillmanMichigan Supreme Court · 1896
- Pettinger v. Alpena Cedar Co.Michigan Supreme Court · 1913
3Cited by7 opinions
- Michael v. KircherMichigan Supreme Court · 1953
- David Stott Flour Mills v. Saginaw County Farm BureauMichigan Supreme Court · 1927
- Atlantic Die Casting Co. v. Whiting Tubular Products, Inc.Michigan Supreme Court · 1953
- Cechanowicz v. Highland Park State BankMichigan Supreme Court · 1923
- Reichert v. State Savings BankMichigan Supreme Court · 1936
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