Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 103
Michigan. Supreme Court, Harry Burns Hutchins, 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, Van Buren Denslow, Marshall Davis Ewell, Edgar Arthur Cooley, Edward Gott (A.), John L. Stoddard, Russell Cowles Ostrander
Phelphs & Stevens, printers, 1896 - Law reports, digests, etc
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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 court of equity creditors damages December 18 December 22 Decided December 18 decree deed defendant 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 24 opinion owner paid parties payment person plaintiff possession premises proof purchase question Railroad Railway reason received recover refused register of deeds respondent rule sold Stat statute street suit Telegraph tending to show testified testimony timber tion Treusch trial vendee vendor verdict warranty witness
Page 27 - 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.
Page 233 - ... 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.
Page 295 - 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...
Page 197 - ... 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.
Page 228 - 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...
Page 56 - 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.
Page 528 - 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...
Page 62 - ... 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.
Page 200 - 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.
Page 16 - 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...