Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 103Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper Phelphs & Stevens, printers, 1896 |
No interior do livro
Resultados 1-5 de 90
Página 1
... claim was $ 1,274.95 , which included two small items about which there is no dispute . He recovered a verdict and judgment for $ 1,151.53 . 1. The first assignment of error is that the court erred in refusing to permit the defendant to ...
... claim was $ 1,274.95 , which included two small items about which there is no dispute . He recovered a verdict and judgment for $ 1,151.53 . 1. The first assignment of error is that the court erred in refusing to permit the defendant to ...
Página 2
... claim under the contract is that we are not to take anything but four feet . While you are cutting the slabs 31 inches , as re- quested by us , we are perfectly willing to take the slab trimmings ; but if you do not see fit to make the ...
... claim under the contract is that we are not to take anything but four feet . While you are cutting the slabs 31 inches , as re- quested by us , we are perfectly willing to take the slab trimmings ; but if you do not see fit to make the ...
Página 3
... claim until after this suit was brought . The precise claim of the defendant is that it was compelled to employ extra hands in unloading the scows in consequence of the bad piling . We hold the instruction correct . of both parties were ...
... claim until after this suit was brought . The precise claim of the defendant is that it was compelled to employ extra hands in unloading the scows in consequence of the bad piling . We hold the instruction correct . of both parties were ...
Página 37
... claims of Henry Gamble . It is true the claim is one which might be proven against the estate of Patrick M. Gamble , but so of all the partnership indebtedness . The primary fund for its payment is , however , the co- partnership fund ...
... claims of Henry Gamble . It is true the claim is one which might be proven against the estate of Patrick M. Gamble , but so of all the partnership indebtedness . The primary fund for its payment is , however , the co- partnership fund ...
Página 56
... claim was insisted upon , the defendant had the right to look up Grinnell's past history , and they had no oppor- tunity to do so , as the trial was then in progress . It does not appear that after the court concluded to admit this ...
... claim was insisted upon , the defendant had the right to look up Grinnell's past history , and they had no oppor- tunity to do so , as the trial was then in progress . It does not appear that after the court concluded to admit this ...
Outras edições - Ver tudo
Palavras e frases frequentes
affirmed agent agreed agreement alleged amount Andrew McLellan appears assigned Assumpsit attorney authority bank Bayfield county bill bona fide purchaser charge circuit judge cited city of Detroit claim complainant contract counsel creditors damages December 18 December 22 Decided December 18 decree deed defendant's duty entitled evidence executed facts February 21 fendant fraud held HOOKER injury instructed the jury interest January 22 judgment Justices concurred land lease Leroy Moore liable lien logs lumber Lustig machine Mehalski ment Michigan MONTGOMERY mortgage negligence November 21 October 26 opinion owner paid parties payment person plaintiff possession premises proof purchase question railroad Railroad Co Railway reason received recover refused register of deeds respondent rule September 21 sold Stat statute street suit Telegraph tending to show testified testimony timber tion Treusch trial vendee vendor verdict warranty witness
Passagens conhecidas
Página 23 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted, and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Página 229 - ... will not do for a man to enter into a contract, and when called upon to respond to its obligations, to say that he did not read it when he signed it, or did not know what it contained. If this were permitted, contracts would not be worth the paper on which they are written. But such is not the law. A contractor must stand by the words of his contract; and, if he will not read what he signs, he alone is responsible for his omission.
Página 291 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein ; and such agreement, if made by an agent of the party sought to be charged...
Página 193 - ... shall perform his appropriate duty, each is an observer of the conduct of the others, can give notice of any misconduct, incapacity or neglect of duty, and leave the service, if the common employer will not take such precautions, and employ such agents as the safety of the whole party may require. By these means, the safety of each will be much more effectually secured, than could be done by a resort to the common employer for indemnity in case of loss by the negligence of each other.
Página 224 - Mehalski, and, in the moving of 2a8 the train, the plaintiff was thrown down and run over, and received the injuries complained of, and if the jury should find that the proximate cause of the injury was the failure of Mehalski to notify the plaintiff that the train was about to be moved, then the plaintiff would be entitled to recover. This instruction implies that the failure of Mehalski to notify plaintiff of the intended movement of the train was negligence as matter of law. While it was clearly...
Página 52 - Their testimony tended further to show that by reason of the injury his lung was affected, and consumption had resulted. The court, in its instruction to the jury, stated substantially that if they found for the plaintiff he was entitled to recover for the injury to his lungs. It is insisted by counsel that this was error; that, if this claim was insisted upon, the defendant had the right to look up Grinnell's past history, and they had no opportunity to do so, as the trial was then in progress.
Página 524 - To this there are some exceptions, one of which arises out of the rule of the law merchant as to negotiable instruments. These, being part of the currency, are subject to the same rule as money...
Página 58 - ... surprise on the defendant which might otherwise ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it.
Página 196 - But, in truth, the mere relation of the master and the servant never can imply an obligation on the part of the master to take more care of the servant than he may reasonably be expected to do of himself.
Página 14 - If any horse or other animal, or any cart, carriage or vehicle, or other property, shall receive any injury or damage by reason of neglect by any township, village, city or corporation to keep in repair any public highway, street, bridge, sidewalk, crosswalk or culvert, the township, village, city or corporation whose duty it is to keep such public highway, street, bridge, sidewalk, cross-walk or culvert in repair shall be liable to and shall pay the...