Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 45Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hoyt Post, Henry Allen Chaney, Hovey K. Clarke, William Dudley Fuller, John Adams Brooks, James M. Reasoner, Marquis B. Eaton, Richard W. Cooper, Herschel Bouton Lazell Phelphs & Stevens, printers, 1882 - Law reports, digests, etc |
From inside the book
Results 1-5 of 79
Page 14
... entitled to demand boomage charges thereon - Q . An unambiguous contract cannot be varied in its legal effect by the under- standing of the parties at or before its execution ; and where the only question is as to its legal meaning ...
... entitled to demand boomage charges thereon - Q . An unambiguous contract cannot be varied in its legal effect by the under- standing of the parties at or before its execution ; and where the only question is as to its legal meaning ...
Page 16
... entitled to twenty cents per thousand feet as tolls upon all logs passing through that portion of the river by it improved . That this company was entitled to twenty cents per thousand for all the logs in dispute was not controverted ...
... entitled to twenty cents per thousand feet as tolls upon all logs passing through that portion of the river by it improved . That this company was entitled to twenty cents per thousand for all the logs in dispute was not controverted ...
Page 18
... entitled to as resulting from a payment or tender legally made . This has been repeatedly recognized in this court , and we need but refer to one or two of the late cases . Brink v . Freoff 40 Mich . 614 ; Lamb v . Jeffrey 41 Mich 18 ...
... entitled to as resulting from a payment or tender legally made . This has been repeatedly recognized in this court , and we need but refer to one or two of the late cases . Brink v . Freoff 40 Mich . 614 ; Lamb v . Jeffrey 41 Mich 18 ...
Page 19
... entitled to , and he could not thus put plaintiffs in the wrong , or compel them at their peril to separate the legal from the illegal demands ; and it may be questionable whether it was not the duty of the Boom Com- pany , or of ...
... entitled to , and he could not thus put plaintiffs in the wrong , or compel them at their peril to separate the legal from the illegal demands ; and it may be questionable whether it was not the duty of the Boom Com- pany , or of ...
Page 23
... purpose for which it was offered and laid before the jury this survey was of no value , and was entitled to no weight whatever . Its introduction was mis- leading . That it should possess any value on the BURNS v . MARTIN . 23.
... purpose for which it was offered and laid before the jury this survey was of no value , and was entitled to no weight whatever . Its introduction was mis- leading . That it should possess any value on the BURNS v . MARTIN . 23.
Contents
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Common terms and phrases
40 Mich action adverse possession affirmed with costs agreement amount appear assignment ASSUMPSIT attachment authority Beecher bill bond Bushey certificate certiorari charge circuit court circuit judge claim common law Comp complainant contract conveyance COOLEY corporation creditors debt Decided Jan decree deed Defendant brings error defendant in error Detroit Douglas duty East Saginaw ejectment entitled equity equity of redemption evidence execution fact favor Fife Lake filed foreclosure garnishee given guardian held interest issue John judgment jury Justices concurred land levy liability lien logs lumber mandamus Mead ment mortgage negligence objection owner paid parties partner partnership payment person plaintiff in error possession premises probate court proceedings proof purchase purpose question R. A. Montgomery received record recover replevin reversed with costs statute stockholders Submitted Jan suit testimony thereof tion township treasurer trial void ward warrant Wend writ
Popular passages
Page 162 - Peninsula, shall be applied in piyiiist the interest upon the Primary School University, and other educational funds, and the interest and principal of the Slate debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the Primary School Interest Fund.
Page 463 - The State shall not be a party to, or interested in, any work of internal improvement, nor engaged in carrying on any such work, except in the expenditure of grants to the State of land or other property...
Page 195 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to .participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim.
Page 574 - Duress" is defined to exist when one by the unlawful act of another is induced to make a contract or perform some act under circumstances which deprive him of the exercise of free will.
Page 397 - Dade in answer thereto of this supposed claim, nor any postponement of the decree of sale asked upon this account. Now, upon this posture of the case, several objections arise as to the maintenance of the suit. In the first place, the present bill is of an entirely novel character.
Page 465 - Commissioners shall have the power, and it is hereby made their duty, to examine the...
Page 463 - Congress ;" and by the second section, " that so much of the lands, rights, interests, franchises, powers and privileges, as are or may be granted and conferred, in pursuance of said act of Congress...
Page 194 - ... arrangement which is a partnership in fact, it is of no importance that they call it something else, or that they even expressly declare that they are not to be partners. The law must declare what is the legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must be solved in favor of their intent; otherwise we should "carry the doctrine of constructive partnership so far as to render it a trap to...
Page 691 - ... none exists, he is never to be charged as a partner unless by contract and with intent he has formed a relation in which the elements of partnership are to be found. And what are these? At the very least the following: Community of interest in some lawful commerce or business, for the conduct of which the parties are mutually principals of and agents for each other, with general powers within the scope of the business, which powers however by agreement between the parties themselves may be restricted...
Page 221 - ... before, and a man who would not heed the information the very nature and course of the business would impart ' to him would be protected by no notice. The best notice is that which a man must of necessity see, and which cannot confuse or mislead him. He needs no printed placard to announce a precipice when he stands before it.