Leonard v. Davis

Error to the Circuit Court of the United States for the district of Michigan.

This was assumpsit brought in March, 1858, in the Circuit Court of the United States for the district of Michigan, by F. B. Leonard and C. P. Ives, citizens of the State of New York, against C. Davis, a citizen of Michigan, A. E. Loomis and J. C. Dore, citizens of Illinois, and T. Newell, a citizen of Connecticut, partners in the lumber business at Muskegon, in the State of Michigan, under the firm name of C. Davis & Co. The suit was brought on a written contract for certain saw-logs. The defendants pleaded the general issue, with notice of the set-off, averring that but a part of the logs ever came to their possession, and of this part but a few were merchantable, the balance of them being worthless, and claiming damages for the inferior quality of the logs. Verdict and judgment for defendants, with costs. Motion for new trial denied. A writ of error to the Supreme Court of the United States was sued out by plaintiff.

The facts in controversy are stated very fully in the opinion of Mr. Justice Clifford.

Mr. Russell, of Michigan, for plaintiffs in error.

Mr. Van Arman, of Illinois, for defendants in error.

Mr. Justice CLIFFORD.